AI Structured Summary
Not yet generated for this judgment
Judgment
Pratap Singh, J.—The accused in S.T.C.No.9 of 1989 on the file of Special Court under Essential Commodities Act, Madras has filed this
petition under S. 482 Criminal Procedure Code praying to call for the records in the aforesaid S.T.C.9/89 and quash the same.
The respondent has filed the charge sheet against the accused for offence punishable under Ss. 5(3), 7(1) and (i) of Furnace Oil (Fixation of
Ceiling Prices and Distributors) Order, 1974 read with 7(1)(a) and (ii) of Essential Commodities Act, 1955. The allegations in it are briefly as
follows:
On 22.2.88 at about 6.30 P.M., at Demelbors Road, Otteri, Madras-12, accused 1 and 2 were driver and cleaner of oil tanker bearing
registration No. MSQ 9655 and they were found transporting 8000 litres of furnace oil in the said lorry without any valid licence or bill and hence
they are liable to be punished under the above sections of law.
Mr. V. Sairam, the learned counsel appearing for the petitioners, would contend that allegations made in the charge sheet do not make out an
offence for violation of Ss. 5(3), 7(1) and (i) of Furnace Oil (Fixation of Ceiling Prices and Distributors) Order, 1974, read with 7(1)(a) and (ii) of
Essential Commodities Act, 1955.
S. 5(3) of Furnace Oil (Fixation of Ceiling Prices and Distributors) Order, 1974 reads as follows:
Prohibition against sale:- (3) No person other than a dealer (or an oil company) shall sell furnace oil.
S. 7(1)(a) and (ii) of Essential Commodities Act, 1955 provides for punishment. Violation complained is under S. 5(3) referred to supra. The
allegations made in the charge sheet does not bring the offence for violation under the aforesaid 5(3). I perused the statements recorded under S.
161 Criminal Procedure Code. Those statements are to the effect that when the Inspector intercepted the driver of the lorry bearing registration
No. MSQ 9655, it was found to contain 8000 litres of furnace oil. When enquired, the driver of that tanker lorry said that he was not possessed of
any bill covering the said furnace oil. The Inspector told him that transport of furnace oil without any bill is an offence and seized the tank lorry and
8000 thousand litres of furnace oil which was being transported in that lorry and also arrested the driver and cleaner of that lorry. The statements
disclose that the accused herein were in that lorry transporting 8000 litres of furnace oil. The charge sheet itself is laid for transport of 8000 litres of
furnace oil without any valid licence. S. 5(3) referred supra does not at all cover transport. So I am Clear that the aforesaid charge and the
proceedings in S.T.C.9/89 on the file of special Judge under Essential Commodities Act, Madras are liable to be quashed.
In the result, the petition is allowed and proceedings in S.T.C.No.9 of 1989 on the file of Special Court under the Essential Commodities Act,
Madras, are hereby quashed.