- (1.) The petitioner has preferred this criminal misc. petition under Section 482 Cr.P.C. claiming the following reliefs: "i. The impugned order dated 12.03.2019 and 15.03.2019 (Annexure-1) passed by the learned Chief Judicial Magistrate Sriganganagar in Criminal Case No. 405/2018 may kindly be declared illegal and be quashed and set aside and the petitioner may be discharged from the charges framed against him; and 2. The Charge sheet filed by the Police against the petitioner in relation to FIR No. 171/2018 registered at P.S. Suratgarh District Sriganganagar may kindly be quashed and set aside; and 3. The proceeding pending before learned Chief Judicial Magistrate, Sriganganagar in the form of Case No.405/2018 may kindly be quashed and set aside with consequential relief by directing that the seized vehicle as also the cost of the diesel allegedly recovered from the petitioner may be released unconditionally and forthwith in favour of the humble petitioner."
(2.) Brief facts of the case are that while the police officials were on routine round on 4.4.2018, they were informed that the petitioner Kashi Ram is engaged in bringing diesel from Punjab and selling it at Suratgarh, illegally. On this, a decoy was sent for purchasing 5 Itrs. Diesel from the petitioner's shop. On finding the information to be correct, a raid was conducted and a total of 1030 ltrs diesel was found in plastic drums and the petitioner could not produce any bill.
(3.) After usual formalities and preparing the seizure memo, an FIR No. 171/2018 was registered at Police Station Suratgarh, District Sri Ganganagar against the petitioner for the offence under Section 3/7 of E.C. Act. After investigation, charge sheet was filed before Chief Judicial Magistrate, Sri Ganganagar where criminal case No.405/2018 was registered and the cognizance was taken against the petitioner for the offence under Section 3/7 of the E.C. Act. Thereafter, charges were framed against the petitioner for the aforesaid offence.;