BISHWA NATH PRASAD Vs. STATE OF BIHAR

JUDGEMENT

(1.) This application under Section 482 of the Code of Criminal Procedure has been filed by the above-named petitioner who has been summoned by the Special Judge, E.C. Act in E.C. Case No. 8 of 1991 for quashing the entire criminal proceedings including the order of cognizance dated 18.12.1995.

(2.) The above-mentioned case was registered as Buxar Town P.S. Case No. 44 of 1991 under Section 7 of the ESSENTIAL COMMODITIES ACT, 1955 for violation of the Bihar Trade (Licences Unification) Order, 1984. On 2.2.1991, Mr. Suryadeo Tyagi, ex-Member of Legislative Assembly, brought allegation that on that date, he got the tank of his Ambassador car bearing Registration No. CY 212 filled by petrol from the petrol pump belonging to the petitioner but after going some distance, the engine of the car was stopped and it started fuming and he could understand that the petrol which was filled from the petitioner's pump, was adulterated having mixed with kerosene. As soon as the information was made, the police immediately sealed the Petrol Pump of the petitioner and also petrol. Tank of the Ambassador car of the informant. Samples were taken from both the car and the Petrol Pump and were sent for chemical examination and the case was Registered as such.

(3.) The seizure of the Petrol Pump of the Petitioner continued and during, the course of investigation, it could be found that the sample which was taken from the Petrol Pump of the petitioner, was not adulterated but the sample taken from the tank of the Ambassador car of the informant, was adulterated having, mixed with kerosene. As the Petrol Pump of the petitioner was sealed for a long time, he rushed to this Court in C.W.J.C. No. 3794 of 1991 and by order dated 13.6.1991 of this Court, the seal of the Petrol Pump belonging to the petitioner, was asked to be removed after the Petrol Pump being tested by an Officer of Hindustan Petroleum.