SAROI BALA, J. - (1.) THIS Criminal revision. is directed against the order dated 19.6.2001 passed by the Additional Chief Judicial Magistrate, Court No. 10, Azamgarh in Case Crime No. 155 of 2001 under Section 420 I.P.C. and Section 3/7 of the Essential Commodities Act, Police station Deo Gaon, District Azamgarh whereby declining to release the Tanker and solvent loaded therein.
(2.) HEARD Sri V. Singh, learned counsel for the revisionist, learned A.G.A. and have perused the record. The facts giving rise to this revision put briefly are these: On 27.5.2001 the applicant and co-accused were found selling solvent adulterated petrol. The applicant was driver on Tanker No. U.P.65-D/0375 in which 12000 litres solvent was loaded. The Tanker carrying solvent was seized.
(3.) AN application for release of the Tanker was moved under Section 457 Cr.P.C. by the applicant on the grounds that challan for offences under the Essential Commodities Act and prosecution were stopped with immediate effect by Government order dated 19.12.2000. It was alleged that the solvent was loaded from the licensed firm M/s Abhijeet Techno-chemicals Limited, Kanpur for transportation to licensed firm Earth Chemical Industries, Diyana Road, Mahgo, Jamsedpur. The applicant held valid driving licence, R.C. road permit and other documents.;