- (1.) Heard Sri Shri Krishna Mishra, learned counsel for the applicant and learned A.G.A. for the State.
(2.) This application under Section 482 Cr.P.C. has been filed for a direction to the Court below to consider and dispose of the bail application of the applicant on the same day in Case No. 611/IX/2015 (State Vs. Santosh Kumar and others) arising out of Case Crime No. 136 of 2013, under Section 3/7 E.C. Act, Police Station Barsana, District Mathura, pending before the Judicial Magistrate, Chhata.
(3.) As per F.I.R. version, on 17.10.2013 at about 5.30 P.M., the Supply Inspector, Chhata along with other officials of the office of the District Supply Officer, Mathura accompanied with the police force intercepted the vehicle bearing registration No. UP85Z 9758 at the outskirts of village Sahar on Goverdhan Chhata Road and enquired about 8 drums in which approximately 1600 litres kerosene oil were filled up and transported. The driver of the vehicle on enquiry disclosed his name as Pappu and informed that he has procured it from Santosh Kumar and Ashraf Ali of village Sahar, who were whole-sale dealers of kerosene oil, situated at Mathura. He has also informed that he has procured kerosene oil from Santosh and Ashraf Ali of the quantity of 950 litres and 900 litres from M/s Brij Oil Company, Mathura respectively. He and Santosh Kumar, the seller, on enquiry could not give satisfactory reply and eloped from the scene. So it is clear that Santosh Kumar and Ashraf Ali are involved in selling kerosene oil of the quantity of 250 litres on higher price in the black-market. The F.I.R. was lodged under Section 3/7 E.C. Act, 1955 and after investigation, charge sheet was submitted in Crime No. 136 of 2013, under Section 3/7 E.C. Act, 1955, Police Station Barsana, District Mathura against the accused persons Santosh Kumar, Ashraf Ali and driver Pappu.;