BHANUPRATAP SINGH Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) The petitioner by filing this application under Section 482 of Cr.P.C. has prayed for quashment of the criminal original case No.6170/2017, pending before Judicial Magistrate First Class, Gwalior, arising out of Crime No. 481/2017 registered for the offence under Section 3/7 of the Essential Commodities Act, 1955 (for brevity, the 'EC Act'), along with FIR (Annexure P/1).

(2.) The facts giving rise to this petition are, that the petitioner is running a petrol pump in the name and style M/s B.S.Filling Centre, which was allotted by Hindustan Petroleum Corporation Limited in the area of Gram Guthina, District Gwalior. The petitioner is having valid licence to run the aforesaid filling centre. The petitioner was providing facility by distributing diesel and petrol to the consumer honestly and faithfully but suddenly on 6.9.2017 on the complaint of one Shivkumar Sharma, inspection was carried out at the petitioner's retail outlet, as the aforesaid complainant made a false complaint regarding distribution of diesel and petrol in less quantity by the petitioner. During the course of inspection no fault was found and as per stock register the balance quantity was found exact, therefore, no case is made out against the petitioner but despite above, FIR was lodged at Crime No. 481/2017 on 3.11.2017 for violation of clause 2(d) of Motor Spirit and High Speed Diesel (Regulation of Supply, Distribution and Prevention of Malpractices) Order, 2005, which is punishable under Section 3/7 of the E.C. Act.

(3.) Learned counsel for the petitioner has submitted that the authorities before taking any action against the petitioner did not consider this aspect that on making physical verification no error was found and stock of petroleum product was kept as per the stock. In such circumstances, allegation in regard to short supply cannot be accepted in the eye of law. It is further submitted that the main allegation was levelled by the complainant that any equipment and chip was being used by petitioner in his dispensing unit so that short supply of petroleum product could be made to the petitioner, but no chip or any equipment was found at the petitioner's retail outlet but in spite of this, just for making false case the petitioner has been implicated under the pressure of complainant as the complainant's father is very popular person in the society. Once no chip was found at the retail outlet then allegation of short supply is wrong and as such, there is no violation of clause 2(d) of Motor Spirit and High Speed Diesel (Regulation of Supply, Distribution and Prevention of Malpractices) Order, 2005.