- (1.) THIS writ petition has been filed for quashing an FIR under Sections 3/7, E. C. Act read with Sections 406, 407, 409, 415, 417 and 420 IPC, PS Gajraula, District Jyoti Ba Phoole Nagar (in short, JP Nagar) in Case Crime No. 961 of 2006.
(2.) BRIEFLY, the allegations in the FIR were that an inspection as made on 1-12-2005 by a team constituted by the District Magistrate, JP Nagar, consisting of SDM, Hasanpur, DSO, JP Nagar, SI, Weights and Measures, Amroha, Deputy Manager, I. S. I. O. C. L. Moradabad and Assistant Commissioner, Food and Civil Supplies, Moradabad, on the petitioner's retail outlet of M/s. Hindustan Agencies, Gajraula and samples of diesel and petrol were taken. These samples were produced before the Forensic Laboratory, Agra, for analysis alongwith a letter of the District Magistrate, JP Nagar on 14-12-2005. By letter dated 12-5-2006 the Scientific Officer and Joint Director of the Forensic Laboratory sent their analysis report which found that the sample of diesel in bottle Nos. 5 and 6 was found to be adulterated. In this manner the petitioner was said to have violated the Control Order and the guidelines issued by the Government of India and Government Orders issued by the U. P. Government and an opportunity was given to the petitioner's outlet M/s. Hindustan Corporation, Gajraula, to explain the said adulteration. On not finding the reply to the said show cause notice satisfactory, the FIR dated 21-7-2006 was lodged by the supply inspector, tehsil Dhanora, against the petitioner. We have heard Sri N. C. Rajvansi, Senior Advocate, assisted by Sri Ram Kishore Pandey, for the petitioner and learned AGA for the respondents. It is contended by the learned Counsel that the counter- affidavit had been called for in this case on 4- 8-2006 but as no counter-affidavit has been filed, hence no coercive steps should be taken against the petitioner.
(3.) WE are not impressed by the argument of the learned Counsel. In this case, there is allegation of adulteration of petrol and diesel. WE had held in Crl. Misc. Writ Petition No. 1167 of 2007, Yashpal Singh v. State of U. P. and Ors. , decided on 8-2-2007, as follows : "adulteration of kerosene oil with diesel, petrol and mobil-oil is now becoming a cancer in our society and is causing immense damage to a large number of vehicles and harming the interest of innocent owners who go to filling station for filling their vehicles and staying investigation or granting stays of arrest in such matters can be extremely detrimental to society. " As prima facie an offence of adulteration is disclosed, we see no reason to extend the earlier orders staying arrest of the petitioner simply on the ground that that the counter- affidavit has not been filed. Even if the State and police are not watchful of their duties to the society and to the consumer, this Court must always be vigilant and a sentinel on the qui vive.;