ADESH KUMAR Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) This miscellaneous petition is directed against the order of learned Special Judge, Essential Commodities Court, Alwar dated 25.10.89.

(2.) The necessary facts giving rise to this petition are that on 3.6.1986 in the night at about 11.40 p.m. while informant Chunnilal, Head Constable alongwith one Rohitash Singh was checking the vehicles on the barrier, then one tractor having no number was checked and it was found that in the trolley of the tractor there were about 15 tins of diesel. The tractor was driven by one Hari Singh S/o Surat Singh and alongwith him one boy Adesh Kumar s/o Prahlad Raya Jain was also sitting. On enquiry, the driver told that Adesh Kumar was the owner of diesel and the diesel was brought from Hari Om Petrol Pump, Bairath, Jaipur District. Adesh Kumar told that these 15 tins containing 3025 liters of diesel did not belong to him, out of the diesel in question 1000 liters belong to Kamlesh Kumar, 1000 to Madan Mohan Maharaj and 1000 liter was purchased for tractor having No. RJ 9427. The matter was put up before the Collector in respect of the seizure of diesel in question. After taking into account, the statements of Kamlesh Kumar, Harphool and Madan Mohan, the Collector came to the conclusion that diesel in question belong to Harphool, Madan Mohan and Kamlesh Kumar and Mr. Adesh Kumar has nothing to do with the diesel in question, he was only bringing diesel for them at their request therefore, there is no violation of condition 10. The tractor was discharged and the diesel was returned to the respective parties. Inspite of that order, the Special Judge, Essential Commodities Court, has framed chares for offence under Sec. 3/7 of Essential Commodities Act. Being dissatisfied with the order of learned Special Judge, Essential Commodities Court, petitioner filed this petition.

(3.) Heard learned counsel for the petitioner and learned P.P. for the State and also perused the order of Collector in this regard. There is a reference of the receipts issued for purchase of diesel in question. Even on the spot, petitioner Adesh Kumar has given the name of the persons to whom the diesel in question belonged namely Kamlesh Kumar, Harphool and Madan Mohan. Kamlesh Kumar in his statement stated that petrol pump of Thana Gaji was not in working order, therefore, he requested to Adesh Kumar alongwith Harphool and Madan Mohan to bring diesel for them. Harphool and Madan Mohan have also corroborated the version of Kamlesh Kumar. The diesel in question was returned to Kamlesh Kumar, Harphool and Madan Mohan when prima facie it was not proved that the petitioner is the owner of the diesel or any way the diesel belonged to him. The real owners of the diesel were identified and that has been accepted by the Collector in his findings and on that basis the diesel in question was returned to the parties.