DEEPAK S/O. KASHINATH AHER Vs. THE STATE OF MAHARASTRA & ANR.
LAWS(BOM)-2017-2-100
HIGH COURT OF BOMBAY (AT: AURANGABAD)
Decided on February 03,2017

Deepak S/O. Kashinath Aher Appellant
VERSUS
The State Of Maharastra And Anr. Respondents

JUDGEMENT

T.V. Nalawade, J. - (1.) Rule, rule made returnable forthwith. Heard both sides by consent for final disposal.
(2.) After advancing arguments on merits of the matter in length by the learned counsel for the petitioner, when this Court expressed that the Court will not be granting any relief to the petitioner, transporter but the Court is thinking to see that proper orders are made under the provisions of the Essential Commodities Act, 1955 (hereinafter referred to as the Act ) and for that purpose, the decisions of the Collector and the Appellate Authority are corrected, learned counsel for the petitioner submitted that he would withdraw the proceeding. This Court can exercise powers not only under the provisions of Articles 226 and 227 of the Constitution of India but also under the provision of Section 482 of the Code of Criminal Procedure, 1973. In the present matter in view of the provisions of the Act and the Orders issued under the Act by the Central Government this Court is deciding the matter on merits and not allowing the petitioner to withdraw the proceeding.
(3.) The petitioner is a transporter and is owner of one truck-tanker bearing No. MH-18-AA-4548. The petitioner transports H.S.D. (High Speed Diesel) after lifting it from Manmad Depot of the Indian Oil Corporation. The incident in question took place on 12-4- 2014. When the tanker entered the campus of Gangakhed Depot of MSRTC, State Transport Corporation, as per the procedure, the compartments of the tanker were opened by the officers of MSRTC in the presence of driver of the present petitioner. There was invoice in respect of the H.S.D. filled in the tanker and in accordance with the procedure, verification of the stock was done. The tanker was expected to contain 12000 liters of H.S.D. Then, as per challan the density of H.S.D. from the four compartments of the tanker was tested in the presence of the driver. There were four compartments in the tanker and the density of the diesel from the compartment Nos. 2,3 and 4 was found to be correct but the density of the diesel from compartment No.1 did not tally with the expected density shown in the challan. Further, when some diesel was taken out for examination it appeared to the officer that it had blue colour, colour of kerosene which is meant for Public Distribution System. This incident was then reported to the Tahsildar, a Gazetted Officer, of Gangakhed.;


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