JANGIR SINGH Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) This Criminal Revision Petition under Section 397/401, Cr. P.C. has been filed against the order dated 31-7-2012, passed by the learned Sessions Judge, Sri Ganganagar (hereinafter referred to as the 'appellate Court'), whereby the appeal preferred by the petitioners was partly allowed The petitioners have also challenged the order dated 4-6-2012 passed by the District Collector, Sri Ganganagar (for short 'the District Collector' hereinafter) in case No. 39/2012 under Section 6-A of the Essential Commodities Act, 1955 (for short 'Act of 1955' hereinafter), whereby the District Collector ordered for confiscation of 1073 liters of diesel seized by the staff of the Food and Supplies Department at Sri Ganganagar from the petitioners and further ordered that if the petitioners deposit a sum of Rs. 43,050/- as penalty, the tractor and trolley in question shall be returned back to them and if they fail to do so, the tractor and trolley shall be confiscated.

(2.) Brief facts of the case are that the staff of the District Food and Supplies Department has intercepted the tractor trolley driven by the petitioners and found five drums of diesel in it. The case of the prosecution is that on asking from the petitioners, they informed that they bought this diesel from the petrol-pump situated in State of Punjab. The prosecution has, therefore, found that the petitioners are transporting diesel in contravention of Clause 15 of the Rajasthan Petrol-Pump Products (Lic. & Control) Order, 1990 (for short the Order, 1990 hereinafter) and in contravention of Sections 2(f)(ii) & (g) 3(6) of the Motor Spirit and High Speed Diesel (Regulation of Supplies, Distribution and Prevention of Malpractices) Order, 2005 (for short 'the Order, 2005 hereinafter).

(3.) On the said complaint, preferred by the Officer of the Food and Supplies Department. the District Collector passed the order dated 4-6-2012, while exercising powers under Section 6-A of the Act of 1955.