SHER SINGH Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) By way of this misc. petition under Sec. 482 Cr.P.C., the petitioners have prayed for quashing of the FIR No. 31/2010 registered at Police Station Surajgarh, District Jhunjhunu for offences under Sec. 3/7 of the Essential Commodities Act and Sec. 120B IPC along with all consequential proceedings arising out of it including orders dtd. 28/4/2010 passed by learned Chief Judicial Magistrate, Jhunjhunu whereby cognizance was taken on 2/1/2014 whereby charges were framed against them for offences under Ss. 3/7 of the Essential Commodities Act for violating the provisions of The Liquefied Petroleum Gas (Regulation of Supply and Distribution) Order, 2000. The order dtd. 22/9/2015 passed by learned Sessions Judge, Jhunjhunu in revision No. 54/2014 filed by the petitioners has also been put to challenge in this misc. petition whereby the learned revisional court dismissed the revision and affirmed the order dtd. 2/1/2014.

(2.) As per the prosecution case, on 27/2/2010, Rajneesh Punia, Circle Inspector Circle Chirawa lodged a report inter alia alleging that he received a secret information that LPG cylinders pertaining to Vijay Gas Agency were loaded in Pickup vehicle (No. 18 GA 0514) and in collusion with local gas agency of Chirawa, same were going to be sold in black-marketing in Haryana. Acting upon the said information, when he along with other police personnel went there and checked the said vehicle wherein 50 LPG cylinders (HP Gas Company) were found there. During interrogation, the driver Sher Singh and his companion Sunil disclosed that these cylinders were bought by them from a vehicle No. RJ 18 GA 1637 Tata 407 of Virendra and Babulal working for Vijay Gas Agency and they were going to sell them in Haryana. However, they do not have any valid license with them. It was also dislosed by them that the aforesaid Tata-407 vehicle has departed for Surajgarh Chirawa. It was alleged in the report that the said Tata-407 was stopped near Jakhod Railway Crossing. There were two persons namely Babulal and Virendra Kumar found in the truck. They stated that they were the employees of Vijay Gas Agency, Chirawa. There were total 62 empty cylinders lying in the truck. On the basis of this report, the FIR No. 31/2010 was registered at Police Station Surajgarh, Jhunjhunu for offences under Sec. 3/7 of the Essential Commodities Act and Sec. 120B IPC. The accused persons were arrested and investigation commenced in the matter.

(3.) Shri. A.K. Gupta, Learned senior counsel assisted with Shri. Surabh Pratap Singh and Gaurav Sharma submits that after completion of investigation, on 28/4/2010, the police filed chargesheet before learned Chief Judicial Magistrate, Jhunjhunu. Thereafter, the learned trial court took cognizance in the matter and on 2/1/2014, the learned trial court framed charges against the accused petitioners for offence under Sec. 3/7 of the Essential Commodities Act to which the accused petitioners pleaded not guilty and claimed trial.