Allahabad High Court
Ashraf Ali vs State Of U.P. And Another on 12 August, 2016
Bench: Prabhat Chandra Tripathi
HIGH COURT OF JUDICATURE AT ALLAHABAD
?A.F.R.
Court No. - 23
Case :- APPLICATION U/S 482 No. - 24451 of 2016
Applicant :- Ashraf Ali
Opposite Party :- State Of U.P. And Another
Counsel for Applicant :- Shri Krishna Mishra
Counsel for Opposite Party :- G.A.
Hon'ble Prabhat Chandra Tripathi,J.
Heard Sri Shri Krishna Mishra, learned counsel for the applicant and learned A.G.A. for the State.
This application under Section 482 Cr.P.C. has been filed for a direction to the Court below to consider and dispose of the bail application of the applicant on the same day in Case No. 611/IX/2015 (State Vs. Santosh Kumar and others) arising out of Case Crime No. 136 of 2013, under Section 3/7 E.C. Act, Police Station Barsana, District Mathura, pending before the Judicial Magistrate, Chhata.
As per F.I.R. version, on 17.10.2013 at about 5.30 P.M., the Supply Inspector, Chhata along with other officials of the office of the District Supply Officer, Mathura accompanied with the police force intercepted the vehicle bearing registration No. UP85Z 9758 at the outskirts of village Sahar on Goverdhan Chhata Road and enquired about 8 drums in which approximately 1600 litres kerosene oil were filled up and transported. The driver of the vehicle on enquiry disclosed his name as Pappu and informed that he has procured it from Santosh Kumar and Ashraf Ali of village Sahar, who were whole-sale dealers of kerosene oil, situated at Mathura. He has also informed that he has procured kerosene oil from Santosh and Ashraf Ali of the quantity of 950 litres and 900 litres from M/s Brij Oil Company, Mathura respectively. He and Santosh Kumar, the seller, on enquiry could not give satisfactory reply and eloped from the scene. So it is clear that Santosh Kumar and Ashraf Ali are involved in selling kerosene oil of the quantity of 250 litres on higher price in the black-market. The F.I.R. was lodged under Section 3/7 E.C. Act, 1955 and after investigation, charge sheet was submitted in Crime No. 136 of 2013, under Section 3/7 E.C. Act, 1955, Police Station Barsana, District Mathura against the accused persons Santosh Kumar, Ashraf Ali and driver Pappu.
Learned counsel for the applicant has vehemently argued that the vehicle and kerosene oil have been released under Section 6A E.C. Act, 1955 by the learned Additional District Magistrate (Law and Order), Mathura.
Learned A.G.A. has opposed the prayer of the learned counsel for the applicant and has drawn the attention of the Court towards several order sheets of pending trial case mainly of the date 18.5.2016, where bailable warrants of the amount of Rs. 10,000/- have been issued against the accused persons fixing 16.7.2016 as a date of appearance. Learned A.G.A. has also pointed out that the trial has commenced.
The applicant is in the knowledge of the criminal case pending against him but instead of abiding by the process issued by the lower Court for his appearance, he is evading it. Albeit, cognizance has been taken on 20.4.2015 by the learned Judicial Magistrate, Chhata.
Looking to the facts and circumstances of the case and nature of the offence, I do not find any good ground to interfere in the matter. The application is liable to be dismissed.
The application is dismissed.
Order Date :- 12.8.2016
Rmk.
