- (1.) HEARD the parties.
(2.) THE main grievance of the petitioner in this writ application is that on an unauthorized report of the Block Supply Officer, Lohardaga, an F.I.R. was registered against the petitioner who is the owner of a Petrol Pump and against his employees Bihari Prasad, the Manager of the said petrol pump and the Salesman under section 420 IPC and Section 7 of the Essential Commodities Act for the alleged adulteration in Diesal and Petrol. It is alleged by the petitioner that the petrol pump of the petitioner has forcibly been sealed by the respondents without any lawful reason. According to the petitioner, he is doing the business of petrol in the name of M/s Arvind Automobiles situated at Patra Toli, Lohardaga on valid license. On 21.9.2005, the Block Supply Officer, Lohardaga came in the petrol pump of the petitioner and inspected the premises and during inspection he took 1/2 litre of diesel and petrol on the ground that he had received complaint that the petitioner was selling adulterated diesel and petrol. He also inspected the stock register and other documents and also seized the some of them. The FIR was registered under Section 7 of the Essential Commodities Act and Section 420 I.P.C. against the petitioner (owner), Manager and the Salesman of the petrol pump. He, after making search and seizure, sealed the petrol pump of the petitioner.
(3.) IT is submitted on behalf of the petitioner that adulteration of diesel and petrol is not an offence under the Essential Commodities Act and, therefore, lodging of the FIR for the said offence was bad. Even Section 420 IPC was not attracted on the basis of the allegations made in the FIR because no person had made any complaint in that regard. It is further submitted by the petitioner that the offence alleged at best can come under the purview of Motor Spirit and High Speed Diesel Order. 1998 and in view of Clause -4 of the said Order the Block Supply Officer is not authorized to make search and seizure of the petrol pump of the petitioner and he had no jurisdiction to seal the petrol pump.;