Charanjit Singh vs State of Punjab

K.S. Kumaran, J.

F.I.R No. 48 date 12.6.1999 has been registered at Police Station Kot Bhai, under Section 7 of the Essential Commodities Act, on the repot sent by Gurchand Singh Sub Inspector of the said Police Station which reads as follows :

On 12.6.1999 the said Sub Inspector received a secret information that Charan Singh (petitioner) son of Surjit Singh has a licence of a Depot for selling kerosene and that the said Charanjit Singh and his father Surjit Singh prepare spurious diesel and sell the same. They have also hoarded large quantity of spurious diesel, mobil oil and white colour kerosene.

Subsequently a raid was accordingly conducted at the premises of the licensed depot. 210 litres of diesel, one drum of white kerosene oil, another drum containing 120 litres white kerosene oil, a drum containing 20 litres of mobil oil, a drum containing 60 litres of gear oil, multi grade engine oil etc. were recovered. It is further alleged that Surjit Singh failed to produce any record, bill etc. regarding the said articles, recovered.

The petitioner moved the Special Judge, Faridkot, for bail, but the same was declined by the learned Special Judge, Faridkot. That is why the petitioner has approached this Court under Section 438 Cr.P.C. for bail in anticipation of arrest.

I have heard the learned counsel for both the sides and have perused the records on file.

The learned counsel for the petitioner contends that he has got the licence for the sale/supply of light diesel oil or kerosene or both in wholesale/retail sale and has produced annexures P2 and P4 to prove the same. He has also produced the cash bills for the purchase of kerosene and other oils annexures P4 and P5. the further contention of the learned counsel for the petitioner is that though it is alleged that the petitioner is preparing spurious diesel and selling the same, the report of the Chemical Analyst has not so far been received and, therefore, it cannot at this stage, be stated that he was selling adulterated diesel or kerosene. One another contention put forward by the petitioner is that under the Punjab Light Diesel Oil and Kerosene Dealers Licensing JUDGMENT 1978, as amended on 31.12.1991, only Inspector of Police is competent to search any premises whereas in the present case only Sub Inspector has done so and, therefore, also the petitioner is entitled to be released on bail, in view of the violation of clause 15 of the above said order. The learned counsel for the petitioner contends that the coaccusedSurjit Singh has been granted bail by the learned Additional Sessions Judge, Faridkot. A perusal of annexure P8/A, the copy of the order granting bail to Surjit Singh, the coaccused in this case shows that no duplicate spurious diesel allegedly prepared by the petitioner therein, had been recovered and that the result of the Chemical Analyst is yet to be received.

Annexure P2 shows that the petitioner has got the licence to sell or supply light diesel oil and kerosene. The licence is valid upto 31.3.2001. Whatever have been allegedly recovered from the petitioner is yet to be proved to have been adulterated. The report of the Chemical Analyst has not been received so far. In these circumstances, without meaning to express any opinion on the merits of the main case, but at the same time taking into consideration the arguments put forward by the learned counsel for the petitioner, I am of the view that the petitioner is entitled to be released on bail.

In the result, petition is allowed.

In the event of arrest of the petitioner, on the allegation found in the FIR in question the petitioner is ordered to be released on bail on his furnishing sufficient surety to the satisfaction of the arresting officer.

However, if the association of the petitioner is necessary for the purpose of investigation, the concerned investigating officer shall issue notice giving sufficient time to the petitioner to join investigation and on such notice, the petitioner shall join investigation.

However, the petitioner shall abide by the provisions of Section 438 (2) Cr.P.C.