ARVIND KUMAR AGARWAL Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) HEARD the parties.

(2.) THE main grievance of the petitioner in this writ application is that on an unauthorized report of the Block Supply Officer, Lohardaga, an F.I.R. was registered against the petitioner who is the owner of a Petrol Pump and against his employees Bihari Prasad, the Manager of the said petrol pump and the Salesman under section 420 IPC and Section 7 of the Essential Commodities Act for the alleged adulteration in Diesal and Petrol. It is alleged by the petitioner that the petrol pump of the petitioner has forcibly been sealed by the respondents without any lawful reason.

(3.) IT is submitted on behalf of the petitioner that adulteration of diesel and petrol is not an offence under the Essential Commodities Act and, therefore, lodging of the FIR for the said offence was bad. Even Section 420 IPC was not attracted on the basis of the allegations made in the FIR because no person had made any complaint in that regard.