Decided on April 11,2018

Achyut Gogoi And Anr Appellant
STATE OF ASSAM And ANR Respondents


Mir Alfaz Ali - (1.) By this petition under Section 482 CrPC, the petitioners have prayed for quashing the FIR dated 15.02.2017 and the Sivasagar P.S. Case No. 124/2017 corresponding to GR Case No. 218/2017 u/s 379 IPC and Section 7 of the Essential Commodities Act.
(2.) The brief facts of the case which may be relevant for disposal of the instant petition may be stated thus : One Shri Srimanta Borah, Sub-Inspector of Police lodged an FIR with the Sivasagar Police Station alleging, that on 15.02.2017, at about 11.40 am, on the basis of a secret information, he conducted raid in the premises of a godown, situated at Dwarikapar and recovered approximately 800 litres of diesel oil kept in four drums and an oil tanker bearing No. NL-04(D)/3797 containing approximately 12,000 litres of petroleum oil. The said tanker was carrying oil from Dimapur IOC depot to various installation sites of the ONGC, Sivasagar. He seized 800 litres of diesel with the drums, the oil tanker and also a pump set and arrested one Achyut Gogoi, manager of the said godown and some others. It was also stated in the said FIR, that in course of enquiry, it was revealed that the godown belonged to Prabin Gohain, the petitioner herein, which was used for illegal storage of stolen oil from the IOC tanker since last one year. It was further alleged in the FIR that the owner of the godown used to commit theft of diesel from the oil tanker with the help of manager Achyut Gogoi as well as the driver of the tanker and others, which were stored illegally for the purpose of selling in the market. The enquiry further revealed that the seized tanker bearing NL04/D/3797, which was carrying oil from Dimapur to ONGC, Sivasagar entered the godown on 13.2.17 in the evening and after downloading oil, proceeded towards oil rig centre EV2000-3/R.S.ER on 14.2.17. But having found difference in density of the oil, the rig in charge returned the tanker without downloading. On the basis of the said FIR, police registered Sivasagar PS Case No. 124/2017 u/s 379 IPC read with Section 7 of the Essential Commodities Act. It is this FIR in Sivasagar PS Case No. 124/17 corresponding to GR Case No. 218/2017 which is sought to be quashed in the instant petition.
(3.) Learned Senior Counsel, Mr. N. Dutta appearing for the petitioners and learned Addl. P.P., Ms. S. Jahan for the State were heard.;

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