JEETENDRA KUMAR Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) Heard Mr. Shankar Lal Agarwal, the learned counsel for the petitioners and Mr. Rajneesh Vardhan, the learned counsel appearing on behalf of the respondent State.

(2.) This petition has been filed for quashing the order dtd. 30/8/2017 passed in Criminal Revision No.299 of 2015 passed by the learned Sessions Judge, East Singhbhum at Jamshedpur whereby the order passed by the learned Sub Divisional Judicial Magistrate, Jamshedpur dtd. 3/10/2015 in connection with G.R.Case No.2419 of 2013, corresponding to Telco/Govindpur P.S.Case No.278/2013 dtd. 7/7/2013 has been affirmed.

(3.) The F.I.R was lodged by Supply Inspector on 7/7/2013 alleging therein that on 7/7/2013 he had inspected Tempo bearing registration No.JH-05Z/1907 loaded with 180 litres of kerosene oil. The driver Amarjeet Singh disclosed that Jeetendra Kumar the petitioner is the owner of this kerosene oil and on being asked to produce the documents relating to kerosene oil the petitioner could not produce any paper regarding the kerosene oil loaded on the said Tempo. It is alleged that business and transportation of kerosene oil is prohibited and it can be cone only on a license. He seized the kerosene oil on the ground of violation of Bihar Trade Articles (Licences Unification) Order, 1984 which is punishable u/s 7 of Essential Commodities Act, 1955.