Madras High Court
Selvam vs State Represented By on 13 October, 2023
Crl.O.P.(MD)No.17794 of 2023
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
Dated: 13/10/2023
CORAM
The Hon'ble Mr.Justice G.ILANGOVAN
Crl.OP(MD)No.17794 of 2023
and
Crl.MP(MD)Nos.14082 and 14083 of 2023
1.Selvam
2.Sudalai : Petitioners/A2 and A3
Vs.
1.State represented by
The Inspector of Police,
Thatchanallur Police Station,
Tirunelveli District.
(Crime No.283 of 2023) : R1/Complainant
2.Kasipandian.M
Sub-Inspector of Police,
Thatchanallur Police Station,
Tirunelveli District. : R2/De-facto Complainant
PRAYER:-Criminal Original Petition has been filed
under section 482 of the Criminal Procedure Code, to call
for the records of the impugned proceedings in STC
No.3879 of 2023 on the file of the Judicial Magistrate
Court No.IV, Tirunelveli, Tirunelveli District and quash
the same as illegal and pass such other or other orders.
For Petitioners : Mr.V.Kathirvelu
Senior Counsel
for Mr.K.Prabhu
For Respondents : Mr.Vaikkam Karunanithi
Government Advocate
(Criminal side)
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Crl.O.P.(MD)No.17794 of 2023
O R D E R
This criminal original petition has been filed
seeking quashment of the case in STC No.3879 of 2023 on
the file of the Judicial Magistrate No.IV, Tirunelveli.
2.The case of the prosecution in brief:-
The de-facto complainant along with his police team
were on the routine patrol duty, on 15/05/2023 at about
08.30 am near Thatchanallur-Madurai main road. At that
time, they found the vehicle bearing registration
No.TN-96-B-2749. It was intercepted and found in
possession of 900 Litres of diesel. No proper permission
or licence as the case may be was available. On enquiry,
the driver of the vehicle stated that the first accused
namely Balamurugan is the quarry owner. At his
instruction, diesel was purchased in bulk. On the basis
of the above said occurrence, a case in Crime No.283 of
2023 was registered for the offences under section 285
IPC and section 23 of the Petroleum Act. After completing
the investigation, final report was filed making the
allegations against the accused persons and it was taken
cognizance in STC No.3879 of 2023 by the Judicial
Magistrate No.IV, Tiruelveli.
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Crl.O.P.(MD)No.17794 of 2023
3.Seeking quashment of the same, A2 and A3 have
filed this petition on the ground that the seized diesel
falls under clause B of Petroleum Act; As per section 7
of the Act, no permission is required for transporting
and storying of clause B petroleum, if the total quantity
does not exceed 2500 liters.
4.Heard both sides.
5.The learned Senior counsel appearing for the
petitioners would submit that no violation of either
Petroleum Act or Control Order is committed. He would
also rely upon the judgment of the Madhya Pradesh High
Court in the case of Kran Singh Vs. State of Madhaya
Pradesh and another (M.Cr.C No.11349 of 2015, dated
27/03/2017).
6.Section 23 of the Petroleum Act reads as under:-
“23.General penalty for offences
under this Act:
(1)Whoever-
(a)in contravention of any of the
provisions of Chapter 1 or of any of the
rules made thereunder, imports,
transports, stores, produces, refines or
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Crl.O.P.(MD)No.17794 of 2023
blends any petroleum, or
(b)contravenes any rule made under
sec. 4 or sec. 5, or
(c)being the holder of a licence
issued under Sec. 4 or a person for the
time being placed by the holder of such
licence in control or in charge of any
place where petroleum is being imported
or stored, or is under transport,
contravenes any condition of such
licence or suffers any condition of such
licence to be contravened, or
(d)being for the time being in
control or in charge of any place where
petroleum is being imported, stored,
produced, refined or blended or is under
transport, refuses or neglects to show
to any officer authorized under section
13 any receptacle, plant or appliance
used in such place in connection with
petroleum, or in any way obstructs or
fails to render reasonable assistance to
such officer during an inspection, or
(e)being for the time being in
control or in charge of any place where
petroleum is being imported,
transported, stored, produced, refined
or blended, refuses or neglects to show
to any officer authorized under section
14 any petroleum in such place, or to
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Crl.O.P.(MD)No.17794 of 2023
give him such assistance as he may
require for the inspection of such
petroleum, or refuses to allow him to
take samples of the petroleum, or
(f)being required, under section
27, to give information of an accident,
fails to give such information as so
required by that section,shall be
punishable with simple imprisonment
which may extend to one month or with
fine which may extend to one thousand
rupees, or with both. (2) If any person,
having been convicted of an offence
punishable under sub-section (1) is
again guilty of any offence, punishable
under that sub-section he shall be
punishable for every such subsequent
offence with simple imprisonment which
may extend to three months, or with fine
which may extend to five thousand
rupees, or with both.”
7.Now the case of the prosecution is that in
contravention of section 23 of the Act, diesel has been
transported.
8.Section 7 of the Act reads as under:-
“7.No licence needed for transport
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Crl.O.P.(MD)No.17794 of 2023
or storage of limited quantities of
petroleum Class B or petroleum Class C:
Notwithstanding anything contained in
this Chapter, a person need not obtain
a licence for the transport or storage
of- (i) petroleum Class B if the total
quantity in his possession at any one
place does not exceed two thousand and
five hundred litres and none of it is
contained in a receptacle exceeding one
thousand litres in capacity; or (ii)
petroleum Class C if the total quantity
in his possession at anyone place does
not exceed forty-five thousand litres
and such petroleum is transported or
stored in accordance with the rules
made under sec. 4.”
9.As per the above said sections, it is seen that in
respect of clause B or C of petroleum products, no
licence is required, if the quantity does not exceed 2500
liters. In respect of clause B category and in respect of
C category should not exceed 45000 Liters.
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Crl.O.P.(MD)No.17794 of 2023
10.Now we will go to the clause B category.
11.Sections 2(a), (b) and [c] reads as follows:-
(a)“Petroleum” means any liquid
hydro-carbon or mixture of hydro-carbon
and any inflammable mixture (liquid,
viscous or solid) containing any liquid
hydro-carbon;
(b)“petroleum Class A” means
petroleum having a flash-point below
twenty-three degrees centigrade;
(c)“petroleum Class B” means
petroleum having flash-point of twenty-
three degrees centigrade and above but
below sixty-five degrees centigrade.
12.Reading of the above said definition shows that B
category the petrol limit is 2500 liters.
13.Here, what has been transported by the accused is
below the above said petroleum limit. It appears that the
above said petrol was not sampled for the purpose of
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Crl.O.P.(MD)No.17794 of 2023
finding that flash point does not fit into the category
of B product as per the above said provision. Sampling
ought to have been taken by the Investigating Officer
before filing the final report. But lapse on the part of
the Investigation Officer vitiates the entire
prosecution. On the sole ground, this petition is liable
to be allowed.
14.In the result, this criminal original petition
stands allowed. The case in STC No.3879 of 2023 on the
file of the Judicial Magistrate No.IV, Tirunelveli is
herein quashed against the petitioners. Consequently,
connected Miscellaneous Petitions are closed.
13/10/2023
Index:Yes/No
Internet:Yes/No
er
To,
1.The Judicial Magistrate No.IV,
Tirunelveli.
2.The Inspector of Police,
Thatchanallur Police Station,
Tirunelveli.
3.The Additional Public Prosecutor,
Madurai Bench of Madras High Court,
Madurai.
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Crl.O.P.(MD)No.17794 of 2023
G.ILANGOVAN, J
er
Crl.OP(MD)No.17794 of 2023
13/10/2023
https://www.mhc.tn.gov.in/judis
