Madhya Pradesh High Court
Mohit Kumar Dubey vs The State Of Madhya Pradesh on 30 January, 2023
Author: Anjuli Palo
Bench: Anjuli Palo
1
IN THE HIGH COURT OF MADHYA PRADESH
AT JABALPUR
MCRC No. 60554 of 2022
(MOHIT KUMAR DUBEY AND OTHERS Vs THE STATE OF MADHYA PRADESH AND OTHERS)
Dated : 30-01-2023
Shri Anil Khare - Senior Counsel assisted by Shri Sahil Sharma -
Advocate for the applicants.
Shri Prasanjeet Chaterjee - Panel Lawyer for the State.
Heard on I.A. No.1632/2023, an application for stay.
T h e applicants have filed this petition invoking the extraordinary
jurisdiction of this Court under Section 482 of Cr.P.C. for quashing the FIR
registered against them vide Crime No. 77/2022 at Police Station Tatya Tope
Nagar, Bhopal for offences punishable under Sections 3 & 7 of the Essential
Commodities Act.
The facts of the case, in short, are that respondent No. 2 filed a written
complaint/enquiry report for the purpose of lodging the FIR against the applicants under Section 3/7 of the Essential Commodities Act, 1955 for illegal storage of Biodiesel of about 2785 liters. On the basis of aforesaid complaint, the aforesaid FIR has been registered against the applicants vide Crime No. 77/2022 violated the provisions of Section 7 of the Petroleum Act, 1934; Clause
(xi) and (xii) of Guidelines for sale of Biodiesel for blending with high speed diesel for transportation purposes, 2019; Motor Spirit and High Speed Diesel (Regulation of Supply, Destribution and Prevention of Malpractices) Order, 2005; Clause 14 and 15 of the Notification dated 7.2.2020 bearing No. F4-4 (4-
6) 2018/29-1 issued by Madhya Pradesh Department of Food, Civil Supplies and Consumer Protection.
Learned Senior Counsel appearing for the applicants has submitted that 2 Biodiesel is not an essential commodity defined under Section 2A of the Essential Commodities Act and does not fall within the purview of petroleum or petroleum product. Hence there is no applicability or any contravention of Motor Spirit and High-Speed Diesel (Regulation of Supply, Distribution and Prevention of Malpractices) Order, 2005 (hereinafter referred to as Order 2005). Learned Senior Counsel has placed reliance in the judgment of Royal Energy Ltd. Vs. Indian Oil Corporation Ltd. reported in 2012 [SCC OnLine CCI 35; [2012] CCI 34] wherein the learned Competition Commission of India considered and analyzed the Order 2005 and various notifications issued regarding biofuels. Learned Senior Counsel has also relied on interim order dated 3.2.2015 passed by Bombay High Court in Writ Petition No. 3297 of 2014 ( My Own Energy Private Limited Vs. Union Bank of India) wherein it has been observed that Section 3(5) of the Order 2005 only covers petroleum products and no proceedings can be initiated for storage and handling of biodiesel since it does not fall within the definition of petroleum or petroleum products.
I t is further contended that Sections 3 and 7 of the Essential Commodities Act only covers petroleum products and no proceedings can be initiated for storage and handling of biodiesel and following statutes does not even arise:-
i. Section 7 of the Petroleum Act 1934;
ii. Clause (xi) and (xii) of Guidelines for sale of Biodiesel for blending with high-speed diesel for transportation purposes, 2019;
iii. Motor Spirit and High-Speed Diesel (Regulation of Supply, Distribution and Prevention of Malpractices) Order, 2005;3
iv. Clause 14 and 15 of the Notification dated 07.02.2020 bearing number F 4-4 (4-6) 2018/29-1 issued by Madhya Pradesh Department of Food, Civil Supplies and Consumer Protection and;
v. Section 3 read with Section 7 of the Essential Commodities Act, 1955.
In view of the aforesaid, it is prayed to stay the further proceedings before the trial Court.
I have heard learned counsel for the parties. It is alleged against the applicants that they violated the provisions of Section 7 of the Petroleum Act, 1934; Clause (xi) and (xii) of Guidelines for sale of Biodiesel for blending with high speed diesel for transportation purposes, 2019; Motor Spirit and High Speed Diesel (Regulation of Supply, Destribution and Prevention of Malpractices) Order, 2005; Clause 14 and 15 of the Notification dated 7.2.2020 bearing No. F4-4 (4-6) 2018/29-1 issued by Madhya Pradesh Department of Food, Civil Supplies and Consumer Protection.
Section 7 of the Petroleum Act, 1934 reads as under:-
"7 . No licence needed for transport 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 -
(ii) petroleum Class C if the total quantity in his possession at any one place does not exceed forty-five thousand litres and such petroleum is transported or stored in accordance with the rules made under section 4."
Clauses (xi) and (xii) of Guidelines for sale of Biodiesel for blending with 4 high speed diesel for transportation purposes, 2019 read as under:-
"xi. All volume and safety distance norms applicable for Class B Petroleum Products shall be applicable for pumps selling Biodiesel as it is meant for blending with High Speed Diesel which is a Class B Petroleum Product.
xii. To ensure that the Retail Outlets of Biodiesel are selling only Biodiesel conforming to BIS Standards and not mixture of Biodiesel and Diesel or only Diesel, anti-adulteration cells of Public Sector Oil Marketing Companies along with State Government officials are empowered to inspect, search and seize unauthorized and unscrupulous Biodiesel manufacturing plaints, the storage and distribution units and Retails Outlets."
Clause 14 and 15 of the Notification dated 7.2.2020 bearing No. F4-4 (4-
6) 2018/29-1 issued by Madhya Pradesh Department of Food, Civil Supplies and Consumer Protection read as under:-
**14- Js.kh&ch isVªksfy;e mRiknksa ds fy, ykxw lHkh ek=k vkSj lqj{kk nwjh laca/kh ekinaM tSo Mhty dh fcdzh djus okys [kqnjk fcdzh dsanzks ij ykxw gksaxs] D;ksafd bls gkbZ LihM Mhty ds lkFk fefJr fd;k tkuk gksrk gS tks Js.kh *ch* isVªksfy;e mRikn gSA 15- ;g lqfuf'pr djus ds fy, fd tSo Mhty ds [kqnjk fcdzh dsanz dsoy ch- vkbZ-,l- ekudksa ds vuq:i tSo Mhty dh [kqnjk fcdzh dj jgs gSa] u fd tSo Mhty vkSj gkbZ LihM Mhty ds feJ.k vFkok dsoy Mhty dh fcdzh dj jgs gSa] jkT; ljdkj ds izkf/kd`r vf/kdkfj;ksa ,oa rsy foi.ku dh daifu;ksa ds feykoVjks/kh izdks"B dks voS/k tSo&Mhty fofuekZ.k la;a=ksa] Hk.Mkj.k rFkk forj.k bdkbZ;ksa vkSj [kqnjk fcdzh dsanzksa dk fujh{k.k djus] ryk'kksa ysus vius dCts esa ysus vkfn dh vf/kdkfjrk eksVj fLifjV vkSj gkbZLihM Mhty ¼vkiwfrZ] forj.k dk fofu;eu vkSj dnkpkjksa dh 5 jksdFkke½ vkns'k 2005 ds izko/kku vuqlkj gksxh A Ministry of Petroleum & Natural Gas has issued Gazette notification No. GSR 728 (E) on 29th June 2017 for amending the Motor Spirit and High Speed Diesel (Regulation of Supply, Distribution and Prevention of Malpractices) Order dated 19th December 2005. Clause 6 (A) 1 of the amended order states that the Central Government ma permit the direct sale of Biodiesel (B100) for blending with high speed diesel to all consumers, in accordance with the specified blending limits and the standards specified by the Bureau of Indian Standards.
The allegation against the applicants is that they stored 2785 liters of Biodiesel for mixing it with High Speed diesel and as per Clause (xi) of Guidelines for sale of Biodiesel for blending with high speed diesel for transportation purposes, 2019 all volume and safety distance norms applicable for Class B Petroleum Products shall be applicable for pumps selling Biodiesel as it is meant for blending with High Speed Diesel which is a Class B Petroleum Product.Section 7(i) of the Petroleum Act, 1934 provides that a person need not obtain a licence for the transport or storage of 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.
Prima facie, it appears that the applicants have violated the aforesaid provisions therefore, this Court is not inclined to stay the further proceedings of the impugned FIR. The defense taken by the applicants cannot be appreciated at this stage.
Accordingly, the I.A. stands dismissed.6
Issue notice to respondent No. 2 by registered as well as ordinary mode on payment of process fee within 7 working days. Notice be made returnable within 4 weeks.
List after 8 weeks.
(SMT. ANJULI PALO) JUDGE PB PRADYUMNA BARVE 2023.02.01 14:57:22 +05'30'