Bishwa Nath Prasad vs State of Bihar

P.K. Deb, J.—This application u/s 482 of the Code of Criminal Procedure has been filed by the above-named petitioner who has been summoned by the Special Judge, E.C. Act in E.C. Case No. 8 of 1991 for quashing the entire criminal proceedings including the order of cognizance dated 18.12.1995.

The above-mentioned case was registered as Buxar Town P.S. Case No. 44 of 1991 u/s 7 of the Essential Commodities Act for violation of the Bihar Trade (Licences Unification) Order, 1984. On 2.2.1991, Mr. Suryadeo Tyagi, ex-Member of Legislative Assembly, brought allegation that on that date, he got the tank of his Ambassador car bearing Registration No. CY 212 filled by petrol from the petrol pump belonging to the petitioner but after going some distance, the engine of the car was stopped and it started fuming and he could understand that the petrol which was filled from the petitioner''s pump, was adulterated having mixed with kerosene. As soon as the information was made, the police immediately sealed the Petrol Pump of the petitioner and also petrol. Tank of the Ambassador car of the informant. Samples were taken from both the car and the Petrol Pump and were sent for chemical examination and the case was Registered as such.

The seizure of the Petrol Pump of the Petitioner continued and during, the course of investigation, it could be found that the sample which was taken from the Petrol Pump of the petitioner, was not adulterated but the sample taken from the tank of the Ambassador car of the informant, was adulterated having, mixed with kerosene. As the Petrol Pump of the petitioner was sealed for a long time, he rushed to this Court in C.W.J.C. No. 3794 of 1991 and by order dated 13.6.1991 of this Court, the seal of the Petrol Pump belonging to the petitioner, was asked to be removed after the Petrol Pump being tested by an Officer of Hindustan Petroleum.

The contention of the petitioner is that as he had demanded a huge amount towards donation to the Party Fund of the informant and he denied so, then this false case had been concocted against the petitioner.

The only contention before this Court is that the case has been registered u/s 7 of the E.C. Act for violation of Section 6. As per the unification order as mentioned above. The mixture of kerosine in the Petrol Pump of the petitioner could not prima fade be established as on chemical examination of the sample no adulteration could be found out.

On the other hand, it has been stated from the side of the State that when the case of the informant is that soon after the petrol was filld from the Petrol Pump of the petitioner, the sample taken from the tank of the Ambassador car, there was adulterated petrol found, then prima facie, the case against the petitioner has been established. The same view has been taken b3'' the learned Special Judge also.

The allegation of the informant was that soon after the detection of adulteration in the petrol, both the tank of the Petrol Pump belonging to the petitioner and that of the Ambassador car, were sealed and there is no scope to say that the adulterated petrol in the tank of Ambassador car, cannot be that of the petitioner''s petrol Pump.

I am not, at all, convinced with such submissions. The sealing was made at the same, time of the Petrol Pump including its tank immediately after the allegation was lodged but the sample taken from the Petrol Pump was found to be non-adulterated. How the sample taken from the Ambassador car was found to be adulterated petrol, is to be explained from the side of the informant, and the petitioner cannot be dragged into the criminal case when the petrol in his petrol pump at the relevant time, was not found adulterated and, in that view of the matter, further proceedings against the petitioner, would be nothing, but an abuse of the process of the Court on the face of the result of investigation and chemical examination.

Accordingly, this application is allowed and the entire criminal proceedings in E.C. Case No. 8/91 before the Special Judge, E.C. Act, is hereby quashed.