OM PRAKASH Vs. STATE OF BIHAR

JUDGEMENT

(1.) The petitioner is the tanker owner which was seized by the Block Development Officer, Obra for which Obra Police Station Case No. 06 of 2007 was instituted.

(2.) The only point that has been raised for quashing the First Information Report is that the Bltcfe Development Officer does not have the powers under the provisions of Bihar Motor Spirit and High Speed Diesel Oil Dealers Licensing Order, 1966 (hereinafter referred to as "the Order of 1966") as per Clause 12 of the Order of 1966. The Block Development Officer is also not authorized under Clause 7 of the Motor spirit and High Speed Diesel (Regulation of Supply and Distribution and Prevention of Mal-Practices) Order, 2005 (hereinafter referred to as "the Order of 2005").

(3.) The facts are that on 09th January, 2007 at about 5 PM, two tankers loaded with 3500 lts. of diesel and 1500 lts. of petrol were found on the National Highway No. 30 and were seized by the Block Development Officer. Subsequently, the Supply Officer, Obra on 22nd January, 2007 instituted a First Information Report alleging that nobody has come forward to produce documents with respect to the alleged petroleum products. It is specifically alleged that tanker bearing registration No. BR-26G/6001 was loaded with 2500 lts. of petrol whereas tanker bearing registration No. BR-26A/8001 was loaded with 3500 lts. of kerosene oil and as such an offence was made out under Section 7 of the Essential Commodities Act.