MEGH SINGH ARYA Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) THIS revision petition has been filed by the petitioner Megh Singh Arya against the order dated September 10, 1996 passed by Special Judge (Essential commodities Act) Rajgarh Distt. Alwar in case No. 3 of 1995 taking cognizance against the petitioner under Section 3/7 of the Essential Commodities Act in Final Report No. 75 dated 31.12.1991 in FIR No. 35 of 1991 registered at Police Station Rajgarh, Dist. Alwar issuing warrant of arrest of procuring the presence of the petitioner.

(2.) BRIEF facts of the case are that on March 17, 1991 an FIR was lodged by Jitendra Singh Choudhary, Enforcement Officer, Rajgarh in connection with the alleged occurrence dated Feb. 14, 1991 at Police Station Rajgarh, Dist. Alwar against the petitioner to this effect that a Tanker No. RJ 02 1473 came with full of diesel and the diesel belongs to M/s. Arya Service Centre, Raini. On Feb. 14, 1991 Mannu Sharma and Mohan Ritesh informed SDO, Rajgarh and Enforcement Inspector Vijay Kumar visited the spot i.e. Infront of Tehsil Rajgarh and made enquiries. They came to know that 4 Jericans of diesel are lying near Arya Medical Store infront of X -ray clinic which is adjacent to Arya Medical Store. Naval Kishore owner of x -ray clinic informed that Raju servant of Lamba got it empty. Raju was searched but he was not available and 4 Jericans of 1126 litres were there. Prahlad Singh and Mahesh Chand told that diesel was also taken out in front of the house of Ramji Lal Sapera, resident of Khelkot Mohalla, Rajgarh. The matter was enquired, then Ramjiala informed that 3 drums of diesel were taken out from Tanker and one drum has been sent in a Jeep No. RJ 02/T 001 and this jeep belongs to Arya Medical Store. There were 260 litres of diesel in two drums and Ramjilal Sapera informed that this diesel belongs to Arya Medical Store. They reached in front of the gate of Panchayat Samiti Rajgarh in search of third drum then Girraj Prasad informed that Babu Lal, driver of jeep No. RJ 02/T 001 has kept one drum full of diesel inside the Panchayat Samiti. On enquiry one drum full of diesel was found in the Chhappad. In sum and substance the Enforcement officer came to know that the diesel was sold on 14.2.1991 to the Agriculturists and it was found after doing comparison between the diesel identity cards and sales register that Nathu, Sukhram, Hajari, Rameshwar, Ramjilal, Ramswaroop S/o. Kahirati Meena, Ramswaroop S/o Harji and Surjan have taken 30 litres diesel each and the same was mentioned in their cards. These witnesses have stated that they have taken 30 litres of diesel only but the owner of the Pump mentioned in their sale receipt that 50 litres diesel has been given to them, thus they have saved illegally 160 litres of diesel in all and this diesel was taken from Raini to Rajgarh for selling the same in black market. The act of the owner is in violation of Sections 10 and 19 of the Rajasthan Petroleum Products (Licence and Control) Order 1990 and number 3 condition of the licence and also against the Central Order 'The Motor Spirit and High speed diesel (Prevention of Malpractices in supply and Distribution) Order 1990' and this is an offence under Section 3/7 of the Essential Commodities Act. The Police on the basis of the report registered case under Section 3/7 of the Essential Commodities Act. The Police investigated into the matter and after investigation submitted final report No. 75 on December 31, 1991 mentioning that this first information report was lodged due to some misunderstanding and there is no evidence to show that any offence has been committed by the petitioner. The Special Judge was not satisfied with the order because some points were not touched by the Police during investigation. A direction was issued by him to investigate the matter again on those points which were mentioned by the trial court in its order dated November 7, 1994. Against the first final report a protest petition was submitted by the Enforcement Officer. The Police again investigated the matter and again submitted final report after meeting out all the points which were raised in the order dated November 7, 1994. No protest was submitted against the second final report. The trial court after hearing both the parties took cognizance against the petitioner and issued warrant of arrest for procuring the attendance of the petitioner vide judgment dated September 10, 1996. Aggrieved against this order of the Special Judge (Essential Commodities Act) Rajgarh, present revision petition has been preferred.

(3.) MR . P.N. Paliwal, learned, learned Counsel for the respondent and Mr. Praveen Srimal, Public Prosecutor opposed the arguments of the petitioner. I have gone through the judgment of the court below taking cognizance against the petitioner and procuring his presence by issuing non -bailable warrant. In my opinion there is material available on record for taking cognizance against the petitioner. There is no illegality or infirmity in the order passed by the trial court. The order is just and proper.