- (1.) Kamal Nain and Bharat Bhushan-petitioners have filed this petition against C.B.I. (respondent) under Section 482 Cr.P.C. for quashing of FIR Crime Case No. RCEOU-I 2003 E0002 dated 27.10.2003 registered for the offences under Sections 420, 467, 468 and 471 IPC read with Section 120-B IPC and Sections 3 and 9 read with Section 7 of the Essential Commodities Act, 1955 by the C.B.I. at E.O.U-I, New Delhi (Annexure-P.3), charge-sheet (Annexure-P.8) and order framing charge (Annexure-P.9), now pending in the Court of Special Judicial Magistrate, CBI, Panchkula (Haryana).
(2.) It is mainly stated in the petition that both the petitioners are Managing Partners of M/s Shreenath Industries, Bahadurgarh, which was registered with the Registrar of Companies. It is stated that this Industry is engaged in the manufacture of industrial solvent and thinners etc. as per the terms of licence obtained under the "Naphtha Control Order, 2000" from District Food & Supplies Controller, Jhajjar. The imported Naphtha was lifted by the unit by hiring tankers of private transporters from Kandla Port/Mundra Port to Rohad, Bahadurgarh. It is stated that all the Naphtha that was purchased by the unit was reflected in the statutory record i.e. RC23-A Part I and Quarterly Returns to Central Excise authorities as well as in the return filed vide DIN Form No.RT-12. Such returns were also filed to the office of District Food & Supplies Controller, Jhajjar, which is the competent authority to entertain returns in this regard. It is also stated that the Hon'ble Gujarat High Court while dealing with a PIL directed the CBI, Gandhi Nagar Branch to enquire into the allegations that Naphtha imported through Mundra and Kandla Ports as fuel for power generation was being diverted for the purpose of adulteration against the laid down directions and legal provisions. It is sequel to this inquiry that a number of FIRs were registered in different States where Naphtha was being purchased for utilization for various industries. One such case pertains to M/s RVS Petrochemicals Ltd., Village Assandh, Tehsil Bahadurgarh, District Jhajjar as well as M/s Dechem Plastic Ltd., Bhiwadi, Alwar (Rajasthan). It is also stated that Sri Rajiv Chandola, Inspector, CBI, ACB, Gandhi Nagar, Gujarat also registered the present complaint vide Crime Case No.RCEOU-I 2003 E0002 dated 27.10.2003 for the offences under Sections 420, 467, 468 and 471 IPC read with Section 120-B IPC and Sections 3 and 9 read with Section 7 of the Essential Commodities Act, 1955 on the same day, which was sent for investigation to Shri M.R. Kodole, Deputy Superintendent of Police, EOU-CBI, New Delhi. The allegations levelled in the present complaint as reflected in para 4 of the FIR pertain to tanker No.GJ-12T-9866 of Kunal Bulk Carrier, Gandhi Dham as well as tanker No.GJ-12T-8008 of Kunal Bulk Carrier, Gandhi Dham used for lifting Naphtha on 28.9.2001 as well as 25.9.2001 respectively. As per the allegations the same tankers were shown by M/s RVS Petrochemicals, which also claims to have used for transporting Naphtha by M/s Shreenath Industries. It is stated that the tankers movements have thus been made the basis for drawing an inference against the registered companies, although there is no evidence found during the investigation that Naphtha was misutilized at any stage by M/s Shreenath Industries.
(3.) Notice of motion was issued to the respondent-CBI. The respondent was represented by Mr. Ajay Kaushik, Advocate, reply has been filed and contested this quashing petition filed under Section 482 Cr.P.C. I have heard learned counsel for the parties and have gone through the record.;