Rajasthan High Court - Jodhpur
Gopal vs State Of Rajasthan (2025:Rj-Jd:28680) on 3 July, 2025
Author: Kuldeep Mathur
Bench: Kuldeep Mathur
[2025:RJ-JD:28680]
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
S.B. Criminal Misc(Pet.) No. 4876/2025
1. Gopal S/o Shanker Lal Kumawat, Aged About 29 Years,
Resident Of Surtai Bichor, P.s. Begun, Dist.- Chittorgarh.
2. Prakash S/o Shri Mangilal Meena, Aged About 24 Years,
Resident Of Amargarh Kachola, P.s. Shakkargarh, Dist.-
Bhilwara.
3. Narayan Lal S/o Shri Jassa Rebari,, Aged About 32 Years,
Resident Of Rajgarh, P.s. Parsoli, Dist.- Chittorgarh
----Petitioners
Versus
1. State Of Rajasthan, Pp
2. Shri Anupam Mishra S/o Shri Ashok Kumar Mishra, At
Present Working As S.h.o., P.s. Begun, Dist.- Chittorgarh.
----Respondents
For Petitioner(s) : Mr. Swaroop Singh Sisodia
For Respondent(s) : Mr. Sri Ram Choudhary, PP
HON'BLE MR. JUSTICE KULDEEP MATHUR
Order
03/07/2025
1. By way of filing the present criminal misc. petition under
Section 528 BNSS, the petitioner has prayed for the following
reliefs:-
"It is, therefore, most humbly and respectfully
prayed that this criminal misc. petition may kindly be
allowed and the impugned FIR and further proceedings in
pursuance of the FIR No.248/2023 and Chargesheet
no.158/2023 registered at P.S. Begun, District
Chittorgarh may kindly be quashed and set aside.
Any other relief which Hon'ble Court deems just and
proper may kindly be passed in favour of the petitioners."
2. As per the impugned FIR, acting upon an information received
on 13.09.2023, the SHO, P.S. Begun, District Chittorgarh flagged
down one Pickup vehicle bearing registration No.RJ09-GC-6405.
[2025:RJ-JD:28680] (2 of 3) [CRLMP-4876/2025]
After conducting a search of the vehicle in question, the police team
found plastic drums filled with petroleum products. On being
enquired, the petitioner stated that he do not have any valid license
to possess/ transport the same. The drums filled with petroleum
products were seized on the spot. Thereafter, the impugned FIR for
aforesaid offences was registered.
3. Learned counsel for the petitioner at the very outset relies on
a judgment rendered by this Court in the case of "Karamjeet
Singh Vs. State of Rajasthan" S.B. Criminal Revision Petition
No.1361/2014 decided on 02.02.2016. The relevant portion of
which is extracted below:-
"These orders as well as the State Government's
Control Order of 1990 have all been issued under Section
3 of the E.C. Act. They submit that the Central
Government's Control Orders would have an over-riding
effect on a Control order issued by the State Government
as they all cover the same subject. They rely on the
notification dated 10.04.2006 issued by the State
Government under the Control Order, 2005 whereby,
officers not below the rank of Additional DSO have been
authorised to take action under the said Control Order.
They further contend that under the Control Order of
1999, retail sale of petroleum products upto 2500 Ltrs. Is
permissible to one person at a time."
4. Learned counsel submitted that since the petitioner was found
in possession of 2000 litres of petroleum products, no offence as
alleged in the FIR is made out against him. It was thus contended
that the competent authority has issued a notification dated
10.04.2006, permitting 2500 litres of petroleum products to be
transported by an individual. Moreover, the petroleum products
recovered in the present case are not covered under the definition
of Essential Commodities Act. He thus implored the Court to quash
and set aside the impugned FIR.
[2025:RJ-JD:28680] (3 of 3) [CRLMP-4876/2025]
5. Learned Public Prosecutor was not in a position to dispute the
ratio rendered in judgment Ibid, which has attained finality since it
has not challenged.
6. In view of aforesaid, the present criminal misc. petition is
allowed and the FIR No.248/2023, registered at Police Station
Begun, District Chittorgarh is quashed with consequences to follow.
7. All pending applications shall stand disposed of.
(KULDEEP MATHUR),J
63-divya/-
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