S.C. Agarwal, J. - (1.) THIS criminal revision under Section 397/401 of the Code of Criminal Procedure is directed against the judgment and order dated 8.4.2010 passed by the A.C.J.M. -Ist, Bijnor, in Case Crime No. 48 of 2010 (State v. Kripal Singh and Ors. Case Crime No. 48 of 2010.), under Section 3/7 Essential Commodities Act, P.S. Kotwali Shahar, District -Bijnor, whereby the application filed by revisionist -applicant Pushpa Devi for opening the seized establishment situated at Village -Nondarhu was rejected.
(2.) IN brief, the facts are that on 28.1.2010 at Dhampur -Noorpur Road, Bijnor, near village Nondarhu, S.D.M. Accompanied by Supply Inspector, Dhampur inspected the establishment of the revisionist and seized petrol, diesel and dispensing unit as well as the establishment. The samples were sent to Forensic Science Laboratory, Agra for analysis. The FIR was lodged against the owner and salesman under Section 3/7 E.C. Act with the allegations that the accused persons were accumulating and selling diesel and petrol illegally. On 8.3.2010, an application was filed by the revisionist Pushpa Devi wife of accused Kripal Singh for de -sealing the establishment on the ground that she was a dealer of Bio -diesel supplied by Gomti Bio -tech Ltd, Haldwani and this commodity is not covered by Essential Commodities Act.
(3.) LEARNED Magistrate called for a report from the police and rejected the application vide order dated 8.4.2010 on the ground that the establishment of the applicant had not been sealed but only dispensing unit, 8 drums diesel and underground tanks had been sealed.;