Peera Ram vs State Of Rajasthan
2022 Latest Caselaw 2719 Raj

Citation : 2022 Latest Caselaw 2719 Raj
Judgement Date : 16 February, 2022

Rajasthan High Court - Jodhpur

Peera Ram vs State Of Rajasthan on 16 February, 2022

Bench: Sandeep Mehta

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR S.B. Criminal Misc(Pet.) No. 5353/2021

Peera Ram S/o Valaram, Aged About 31 Years, R/o Pavli, Jaswantpura, Dist. Jalore, Rajasthan.

                                                                    ----Petitioner
                                   Versus
State Of Rajasthan, Through PP
                                                                  ----Respondent


For Petitioner(s)        :     Mr. R.S. Bhati.
For Respondent(s)        :     Mr. Arun Kumar, PP.



           HON'BLE MR. JUSTICE SANDEEP MEHTA

                                    Order

16/02/2022

The petitioner has approached this Court by way of instant misc. petition under Section 482 Cr.P.C. seeking quashing of the FIR No.64/2020 registered at Police Station Jaswantpura, District Jalore for the offences under Section 3/7 of the Essential Commodities Act.

The petitioner was apprehended on 17.08.2020 while transporting 2000 liters of diesel and thereupon, above F.I.R. came to be registered against him on which he has approached this Court by way of this misc. petition under Section 482 Cr.P.C. seeking quashing of the impugned FIR.

Shri Bhati learned counsel representing the petitioner 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 2000 liters diesel cannot be considered to be an affluent and hence, the proceedings of the criminal case deserve to be quashed.

(2 of 2) [CRLMP-5353/2021]

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 the Central government, the latter has to prevail and accordingly possession of 2000 liters diesel recovered from the petitioner on 17.08.2020 cannot be termed to be constituting a criminal act.

Accordingly, the misc. petition is allowed. The impugned FIR FIR No.64/2020 registered at Police Station Jaswantpura, District Jalore for the offences under Section 3/7 of the Essential Commodities Act and and all subsequent proceedings sought to be taken thereunder against the petitioner, are quashed. Stay petition is also disposed of.

(SANDEEP MEHTA),J 14-Tikam/-