RAJKUMAR Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) RAJKUMAR has invoked the inherent powers of this Court in order to quash the order of the Chief Judicial Magistrate, Pali dated August 19, 1980 whereby the Chief Judicial Magistrate upon consideration of the police report and the documents sent with it under section 173 Cr. P. C. and after giving the prosecution and the petitioner an opportunity of being heard, formed an opinion that there was ground for presuming that the petitioner has committed offences punishable under clauses (5),6 (i)and (ii) of the Rajasthan (Display of Prices and Stocks of Essential Commodities) Order, 1977 read with section 3/7 of the Essential Commodities Act, 1955 and further contravened Rules 3, 32, 83 and 76 of the Petroleum Rules, 1976 punishable under section 23 of the Petroleum Act, 1934.

(2.) FACTS in brief are that on receiving information, Satyanarain Callan Enforcement Inspector, Jetaran along with L. C. Samat Khan and Laxmi Narayan reached village Balunda Tehsil Jetaran at about 11 P. M. He found that there were 44 barrels placed on plot of Chand Mohmmed in front of the shop and Shamlal co-accused who deals in petroleum products. A truck lorry bearing registration No. RRQ 3655 was also standing there and it was filling H. S. D. diesel in the empty barrels. When Satyanarain Calla reached at the spot, the pump attached to the tanker for filling diesel in the barrels was stopped. He found that diesel had been filled in about 41 barrels. On inquiry Hiralal driver of the truck informed him that the tanker lorry No. R. R. Q. 3655 was that of M/s Jyoti Traders, Jodhpur and that he had brought 9000 Itrs. of diesel oil H. S. D. from Jodhpur. This diesel has been sold to Shamlal of village Balunda. The driver did not have in his possession the bill of the diesel which was stated to be with Raj Kumar petitioner who is proprietor of M/s Jyoti Traders. Jodhpur. Satyanarain Calla required Shamlal to produce the licence for storing diesel but the latter told that he did not possess any licence and that he had brought 9000 Itrs. from Jodhpur after purchasing it at the rate of Rs. 1. 43 per ltr. Shamlal had also not made any entries of this purchase in his account books as he did not maintain any. He had brought the diesel for sale. Although Shamlal dealt with in petroleum products but he neither possessed licence nor had displayed list of price and stocks of articles at a place near to the entrance of his business premises. Satyanarain Calla seized 42 drums in which diesel had been pumped from the tanker, 14 tins containing lubricating oil and also the tanker lorry and some other articles. It was mentioned that M/s Jyoti Traders Jodhpur was an authorised dealer in petroleum products in Jodhpur District and by selling the diesel to Shamlal, he contravened the direc-ction issued by the Collector Jodhpur and Collector Pali and also contravened section 29 of the Petroleum Act, 1934. Upon this report being lodged by Satyanarain Calla Enforcement Inspector, the matter was investigated by the police and it submitted a report in the Court of the Chief Judicial Magistrate Pali along with certain documents. The documents comprised of memo of checking, the report made by the Enforcement Inspector, the seizure memoes of barrels filled with diesel oil and other articles, the directions issued by the Collector Jodhpur on November 27, 1978 and those issued by the Collector Pali on November 26, 1978 and a photostat copy of the cash memo issued by the Indian Oil Corporation Ltd. Jodhpur in the name of M/s. Jyoti Traders with respect to 9000 Itrs. of H. S. D. diesel. Police statements of Satyanarain Calla Enforcement Inspector, Suraj Karan, Bhanwar Lal, P. N. Malhotra, V. K. Chou-dhary, Samdar Khan, Laxmi Narain, Asha Ram and Ramchandra were also produced.