Harish Chandra Mishra, J. - (1.) HEARD learned counsel for the petitioners and the learned counsel for the State, who represents all the opposite parties, being the Government Officials. The petitioners have filed this application for quashing the F.I.R., being Bokaro Steel City P.S. Case No. 309 of 2001 for the offence under Section 7 of the Essential Commodities Act, as also for quashing the entire criminal proceeding against them on the basis of the said F.I.R.
(2.) THE petitioners have been made accused in Bokaro Steel City P.S. Case No. 309 of 2001 corresponding to G.R. No. 1180 of 2001, describing the petitioners, to be the owners of M/s. K.L. Bhasin Petrol Pump; Naya More, Bokaro, The said petrol pump was inspected in the presence of the S.D.O., Chas, on 11.12.2001 and in the outfits at the petrol pump, short supply of petrol and diesel were found as detailed in the F.I.R. and accordingly, the F.I.R. was lodged. Admittedly, the petitioners are the owners of the petrol pump and they are the dealers of the petroleum products under an agreement with the Indian Oil Corporation Limited. The agreement between the petitioners and the Indian Oil Corporation has been brought on record as Annexure -2. Clause -14 whereof reads as follows: "14. Corporation shall maintain the outfit in proper working condition at its own expense." Clause -16 of the said agreement reads as follows: "16. No repairs to the outfit shall be done by the Dealer unless previously authorised by the Corporation in writing. The dealer shall not interfere with or attempt to adjust the outfit or any part thereof but shall notify the Corporation immediately of the necessity of any repair or adjustment and thereby ensure that the outfit is in proper working order and delivering full and proper measure at all times. The dealer shall not operate the outfit while it is out of order."
(3.) THE inspection reports of the competent authority which are dated 11.12.2011 are also part of the F.I.R. which though show that there were short delivery in the outfits, but the inspection report shows that the dealer was instructed to get the outfits repaired and only thereafter to operate the same after getting the same verified after depositing the prescribed fee. It appear; that on the very next day the F.I.R. has been lodged against the petitioners on 12.12.2001, for the; alleged offence under Section 7 of the Essential Commodities Act. It is the case of the petitioners that pursuant to the said direction in the inspection reports, the petitioners got the outfits repaired through the Corporation and they are operating the outfits after getting them verified after depositing the prescribed fee.;