BAJRANI PRASAD AGARWAL Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) Petitioner has invoked the inherent jurisdiction of this Court under Section 482, Code of Criminal Procedure for quashment of his entire criminal proceedings, arising out of Mango (MGM) P.S. Case No.401 of 2010, corresponding to G.R. No.2505 of 2010 and also for quashment of the order impugned dated 5.2.2011. by which SDJM, Jamshedpur has taken cognizance of the offence under Section 7 of the Essential Commodities Act against the petitioner and others.

(2.) Prosecution story in short was that when DTO, Jamshedpur in course of checking of the vehicles on Patamda Road intercepted a Tanker bearing registration No. JH 12C 1140, which was carrying about 12,000 litres of Government controlled blue kerosene oil, it was detected that challan and invoice Nos.20112347 B006439 and 641780676 dated 22.9.2010 were issued in the name of Chandagilal Navrang Rai. Ghatshila by the Indian Oil Corporation (IOC) office at Burmamines. On investigation, it was also detected that consignment on the Tanker, which was carrying kerosene oil. was already delivered to the consignee at Ghatshila, but even then its challans were found in possession of the driver Sanjay Paswan. Tanker was containing 12,000 litres of Government controlled blue kerosene oil, which was meant to be delivered at Chakradharpur to M/s Agarwal Oil Distributors for which challan and invoice Nos. 20112347-B 006480 and 641801224 dated 23.9.2010 were issued but the tanker was found on different route by way of deviation from original route Chakradharpur as it was going to MGM Medical College. Mango on Patamda Road. Prosecution party presumed that kerosene oil was being taken towards Patamda Road to be sold in the black market and it had already left its original route. The informant in the written report expressed that full documents were not produced by the driver and the cleaner of the tanker and thereby, all the accused contravened the provisions of unification order as framed under Section 3 of the Essential Commodities Act, which attracted the offence under Section 7 of the Essential Commodities Act. On the basis of written report, the case was instituted against the accused persons including the petitioner, who is the Distributor at Chakradharpur, West Singhbhum, running his business in the name and style of " M/s Agarwal Oil Distributors".

(3.) Case diary, which was called for, has been received.