AMARESHWAR SAHAY,J. - (1.) In this application the petitioner has prayed for quashing of the entire criminal proceeding in connection with Dhanbad (Bank more) P.S. case no. 335 of 1999 corresponding to G.R. case no. 1583 of 1999 and also prayed for stay of the proceeding of the said case.
(2.) THE facts in short of the case are that the First Information Report being Dhanbad (Bankmore) P.S. case no. 335 of 1999 was registered by the police under Section 7 of the E.C. Act against the petitioner and others. It is alleged in the First Information Report that on 31.5.1999 the informant, received information, that in the premises of the petitioner, namely, Ram Chandra Sao, at Matkuria, illegal trade of theft and adulteration of diesel from 2 -3 tankers were going on. On this information the informant along with others officials raided the premises of the petitioner and found that three tankers having registration no. BR17A -8463, BHQ -5561 and BPW -7270 were parked there. It is alleged that Kamal Turi, driver of BHQ -5561 and Laxman Turi, Khalasi thereof were interrogated who stated that on 28.5.1999 they have loaded 12,000 liters diesel from Rajbandh (West Bengal) from the depot of Mis. Indian Oil Corporation Limited and reached at Dhanbad on 29.5.1999 but Dhanbad Depot of M/s. Indian Oil Corporation Limited gave challan for going to Ashoka Auto Service, Jaina More (Giridih) on 31.5.1999 in the evening. It is said that the seals of the said tankers were found intact. It is further alleged that one Dasrath Singh, driver of tanker of BR -17 A -8463 was interrogated who stated that he loaded 12,000 liters diesel on 28.5.1999 from Rajbandh (West Bengal) and reached Dhanbad on 29.5.1999 but by the Dhanbad Depot of M/s. Indian Oil Corporation given challan for delivery of the said diesel at ropeway M/s. Bharat Coking Coal Limited, Patherdih on 31.5.1999 in the evening. It is said that although the said tanker should have left for Patherdih but it was found in the premises of Ram Chandra Sao situated in the opposite direction. It is further alleged that on measuring by applying deep rod method, 297 liters diesel was found excess than 12,000 liters. It is further alleged that from the statements of Driver and Khalashi of the Tankers, it appeared that the petitioner, in conspiracy and in connivance with the owner, Driver and Khalashi of the said Tankers, got the vehicle parked in his premises for the purpose of committing theft of diesel and adultering the same and for sale of the diesel in black -market. It is said that the accused persons were involved in the said crime since last so many months. It is also alleged that Tanker no. B.P.W. 7270 was found empty but in the premises articles were found which could be used for making theft of diesel and adulteration for the purpose of black marketing and profiteering. Therefore, it is concluded that the accused persons have violated the provisions of Motor Spirit and High Speed Diesel (Prevention of Malapractices in Supply and Distribution) Order, 1990 and therefore, seized the said three tankers with diesel and other articles found in the premises.
(3.) THE action of the accused persons was in violation of relevant clause of Motor Spirit and High Speed Diesel (Prevention of Mal Practices in Supply and Distribution) Order, 1990.;