Rajasthan High Court - Jodhpur
Roop Singh vs State on 2 February, 2022
Bench: Sandeep Mehta
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
S.B. Criminal Misc(Pet.) No. 4045/2019
1. Roop Singh S/o Shri Teel Singh Chouhan, Aged About 40
Years, Kalaguman, Police Station Diver, Rajsamand.
2. Narayan Singh S/o Shri Gokul Singh Chouhan, Aged
About 36 Years, Mankyawas, Police Station Diver,
Rajsamand.
----Petitioners
Versus
State, Through P.P.
----Respondent
For Petitioner(s) : Mr.Deelip Kawadia through VC
For Respondent(s) : Mr.B.R.Bishnoi, P.P.
HON'BLE MR. JUSTICE SANDEEP MEHTA
Judgment / Order
02/02/2022
The petitioners have approached this Court by way of instant
misc. petition under Section 482 Cr.P.C. seeking quashing of the
proceedings of the Cr.Case No.41/2012 pending in the court of
learned Additional Chief Judicial Magistrate, Shahpura, District
Bhilwara arising out of F.I.R. No.10/2005, P.S. Pander, Bhilwara for
the offences under Section 3/7 of the Essential Commodities Act
read with Section 15 of the Rajasthan Petroleum Products (License
& Control) Order, 1990.
The petitioners were apprehended on 19.1.2005 while
transporting 1500 liters of diesel and thereupon, above F.I.R.
came to be registered against them. After investigation, a charge-
sheet was filed against the petitioners, who have approached this
Court by way of this misc. petition under Section 482 Cr.P.C.
(2 of 3) [CRLMP-4045/2019]
seeking quashing of the proceedings of the criminal case referred
to supra.
Shri Kawadia learned counsel representing the petitioners
places reliance on the judgment of this Court in the case of
Balveer Vs. State of Rajasthan passed in S.B. Criminal Misc.
Petition No.1206/2016 decided on 10.8.2017 and urges that sale
of 2500 liters of diesel at a time is permitted by virtue of Motor
Spirit and High Speed Diesel (Regulation of Supply, Distribution
and Prevention of Malpractices) Order, 2005. He thus urges that
possession of 1500 liters diesel cannot be considered to be an
affluent and hence, the proceedings of the criminal case deserve
to be quashed.
Learned Public Prosecutor, has vehemently opposed the
submissions advanced by the petitioner's counsel. However, he too
does not dispute the fact that the Control Order issued by the
Central government referred to supra governing the possession,
storage and supply of the Motor Spirit and High Speed Diesel
clearly stipulates that 2500 liters diesel can be sold to a person by
way of a single sale. Relying on the said Control Order and finding
the State Government's Control Order to be repugnant to the
Central Government's Order, this Court in the case of Karamjeet
Singh Vs. State of Rajasthan (S.B.Cr. Revision Petition
No.1361/2014 alongwith six other connected matters,
decided on 2.2.2016), quashed the proceedings of the criminal
cases registered against the respective accused.
In this background and having regard to the facts and
circumstances of the case, this Court is of the opinion that
considering the inconsistency inter-se between the Control Order
issued by the State Government and the Control Order issued by
(3 of 3) [CRLMP-4045/2019]
the Central government, the latter has to prevail and accordingly
possession of 1500 liters diesel recovered from the petitioners on
19.1.2005 cannot be termed to be constituting a criminal act.
Accordingly, the misc. petition is allowed and the proceedings
of the Cr. Case No.41/2012 pending in the Court of learned
Additional Chief Judicial Magistrate, Shahpura, District Bhilwara
arising out of FIR No.10/2005 registered at the Police Station
Pander, District Bhilwara for the offence under Section 3/7 of the
Essential Commodities Act read with Section 15 of the Rajasthan
Petroleum Products (License & Control) Order, 1990 are hereby
quashed. Stay petition is also disposed of.
(SANDEEP MEHTA),J
/tarun goyal/ 58
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