BUDHA RAM Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) The petitioner has preferred this criminal misc. petition under Section 482 Cr.P.C. for quashing of FIR No.318/2018 lodged at P.S. Bilara, District Jodhpur for the offence under Section 3/7 of the Essential Commodities Act.

(2.) Brief facts of this case are that on 26.10.2018 upon receiving a secret information, the police is alleged to have recovered 07 Plastic Drums containing in all 2000 Liters of Diesel lying in open space under tin-shed of residential house of Budha Ram, whereupon a case vide FIR No.318/2018 was registered at P.S. Bilara, District Jodhpur for the offence under Section 3/7 of the Essential Commodities Act and the investigation commenced.

(3.) Counsel for the petitioner submits that petitioner is an agriculturist by profession and because of scarcity of electricity in the area he usually operates his tube-well with the aid of generator and is running generator after purchasing diesel from authorized petrol pump that too after purchasing through valid bills. More so, counsel for the petitioner argued that as per Petroleum Products (Maintenance of Production, Storage and Supply) Order, 1999 and as per definition Clause No.2(i) of the said Order, petroleum products upto 2500 Liters can be sold at a time to one customer, thus, as per counsel for the petitioner there is no legal impedement against purchase of diesel. Thus, counsel prayed that the FIR impugned be quashed.