- (1.) BARKAT Ali Zaidi, J. The Station Officer of Police Station Hasanpur, District J. P. Nagar, raided the Priyadarshini Petrol Filling Station of one of the accused Chatar Singh on 24-9-2001, where a tanker No. U. P. 21-C 9889, sent by the Oil firm Niyaz Aftab Traders, Bachhraon of the other accused Mohd. Hasan Askari, who is the sole petitioner here, was present for supplying the oil, and the other accused Harvir and Ahikesh were engaged in process of supply of Oil.
(2.) THE suspicion was that both the dealers were selling adulterated Kerosene Oil as Diesel. THE Station Officer collected the sample. Thereafter a case was registered and in the result of investigation, the police filed a charge-sheet (criminal Case No. 639/3 of 2002) under Sections 417,420,285 and 286 I. P. C. and Section 23 of the Petroleum Act, 1934 in the Court of Chief Judicial Magistrate J. P. Nagar against accused Harveer, Akhilesh and Chatar Singh and the present applicant. That is how the applicant has come in Section 482 Crp. C. here, for termination of the aforenoted criminal proceedings against him.
(3.) I have heard Sri Rohit Agrawal, Counsel for the applicants and Sri N. C. Tripathi, Additional Government Advocate for the State. It may be mentioned before proceeding further, that after analysis of the sample, no adulteration was found in the Kerosene oil by the Vidhi Vigyan Prayogshall, Agra, (copy of the report is Annexure-6), which takes the fizz out of the alleged offence.;