UMESH KUMAR GUPTA Vs. STATE OF WEST BENGAL
HIGH COURT OF CALCUTTA
UMESH KUMAR GUPTA
STATE OF WEST BENGAL
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(1.)Parties are present before me. Heard them.
(2.)By filling this application one Mr. Umesh Kumar Gupta, the petitioner herein, has come up with an application under section 482 of the Code of Criminal Procedure seeking for quashing of Girish Park Police Station/E.B. Case No. 40 dated 2.4.2003 under sections 420/120B of the Indian Penal Code read with sections 7(i)(a)(ii)/8 of the Essential Commodities Act corresponding to G.R. Case No. 452 of 2003 now pending before the learned Additional Chief Metropolitan Magistrate, Calcutta.
(3.)The short facts leading to the filing of the application are as under :-
The present petitioner has been carrying on the business of Kerosene Oil Dealership under appropriate licence issued by the Government of West Bengal and the petitioner has also other lincences required to run the said business. Since 31st March, 2003 the petitioner's shop has been put under padlock by the local police station because of an incident of fire at 1, Chandra Mohan Lane, Calcutta. The Enforcement Branch of Police lodged one F.I.R. No. 40 dated 2nd April, 2003 under sections 120B/420 of the Indian Penal Code read with sections 7(i)(a)(ii)/8 of Essential Commodities Act against the present petitioner and two other persons alleging that the petitioner in collusion with Bijay Gupta and Baikuntha Shaw entered into a criminal conspiracy and engaged themselves in mixing up chemicals with Blue-dyed Kerosene Oil for converting the same into white for wrongful gain by violating the para 14 of West Bengal Kerosene Control Order, 1968 and thus cheated the members. of public in respect of price difference between two types of Kerosene Oil.
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