NAKSHTRA SINGH Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) By the instant criminal miscellaneous petition under Sec. 482 Crimial P.C., the petitioner has challenged the order dated 10.10.2006 passed by the Chief Judicial Magistrate, Hanumangarh in Criminal Case No. 922/2006 arising out of the F.I.R. No. 280/2006, Police Station, Tibbi, District Hanumangarh, whereby the learned Chief Judicial Magistrate has taken cognizance against the petitioner for the offence under Sec. 3/7 of the Essential Commodities Act.

(2.) Briefly stated, the facts relevant and necessary for the disposal of the miscellaneous petition are set out as under :

(3.) The Station House Officer, Police Station, Tibbi filed an F.I.R. No. 280/2006 against the petitioner and two others namely Binder Singh alias Jaswinder Singh and Gurdeep Singh with the allegations that all the three were found carrying diesel measuring 1050 litres in five drums/cans on the ground that the Notification of the State Government dated 11.4.2005 permitted the possession of diesel measuring 1000 litres as being the limit within which one person could keep with him without procuring the licence. The proceeding under Sec. 6-A of the Essential Commodities Act was initiated before the District Collector, Hanumangarh and whilst confiscating the diesel, the learned District Collector held that the diesel was being carried in different drums by four persons including the driver of the vehicle and that the vehicle was not liable to be confiscated. During course of the proceedings before the learned District Collector, the bills for purchase of the diesel from Aashakhera Filling Station were produced on record.