Rajasthan High Court - Jaipur
M/S Jai Shree Om Bana Rudrakash Bio Fuels vs State Of Rajasthan on 20 April, 2022
Author: Narendra Singh Dhaddha
Bench: Narendra Singh Dhaddha
HIGH COURT OF JUDICATURE FOR RAJASTHAN
BENCH AT JAIPUR
S.B. Criminal Miscellaneous (Petition) No. 2153/2022
M/s Jai Shree Om Bana Rudrakash Bio Fuels, Having Address At
Khasra No. 406, 581/239, Rakba 0.12, Gram Lavera, Nasirabad,
Ajmer, Rajasthan Through Sole Proprietor Narpat Singh S/o
Bhanwar Singh Rawat, Aged About 39 Years, R/o Kesarpura,
Saradnana, Ajmer, Rajasthan.
----Petitioner
Versus
1. State Of Rajasthan, Through P.p.
2. Poonambhargarh S/o Unknown, Aged About 28 Years, R/o
Ward No. 9, Shakambhari Road, Udaipurwati, Jhunjhunu,
Rajasthan, Presently At Dysp Nasirabad, Ajmer,
Rajasthan.
----Respondents
For Petitioner(s) : Mr. Kapil Prakash Mathur
Mr. Anirudh Tyagi
Mr. Buddhi Prakash Meena
For Respondent(s) : Mr. Mangal Singh Saini, PP
HON'BLE MR. JUSTICE NARENDRA SINGH DHADDHA
Order
Order Reserved on :: 7.04.2022
Order Pronounced on :: 20.04.2022
The petitioner has filed this petition u/s 482 Cr.P.C. for
quashing of FIR No.26/2022 registered at Police Station Shrinagar,
Distt. Ajmer for the offences u/s 3, 7, 4, 8 of Essential
Commodities Act and Section 420, 285, 379, 411 and 120B IPC
and investigation and proceedings arising out from the said FIR.
Learned counsel for the petitioner submits that FIR was
lodged against the petitioner is completely false and frivolous.
Learned counsel for the petitioner also submits that petitioner is a
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sole proprietorship involved in the business of retail sale of
Biodiesel vide license No.15607/2016 which is granted by the
State of Rajasthan to the petitioner for retail biodiesel in Tehsil
Nasirabad, District Ajmer. Learned counsel for the petitioner also
submitted that the petitioner is registered proprietor whose
registration is valid from 29.7.2020 which is bearing GST
No.08CYCPS6716B2ZE. Learned counsel for the petitioner submits
that Village Development Department had issued certificate of
registration for selling of biodiesel in favour of the petitioner.
Learned counsel for the petitioner submits that State of Rajasthan
vide order dt. 13.7.2021 clearly stated that biodiesel does not fall
under the category of Explosives and therefore, it is not governed
by the Petroleum Rules, 2002. Learned counsel for the petitioner
submits that as per order dt.13.7.2021, storage of Biodiesel
Mobile Retail Outlet above the land and below the land upto
30,000 Lt. is permissible and petitioner is doing business as per
the settled principles and rules. Learned counsel for the petitioner
also submits that Biodiesel does not fall under the category of
Petroleum Products. Offence under Essential Commodities Act is
not made out against the petitioner. Learned counsel for the
petitioner submits that as per the settled direction of the State
Government, no criminal proceedings or FIR be registered against
a license Retail Seller of Biodiesel without sampling of the said
biodiesel. Therefore, present FIR deserves to be quashed and the
petition filed by the petitioner be allowed.
Learned counsel for the petitioner has relied upon the
following judgments:-State of Haryana & ors. vs. Ch. Bhajan Lal &
ors. reported in 1992 AIR 604; Ms Kotyark Industries Pvt. Ltd. anr.
vs. State of Raj. in S.B. Civil Writs No.4405/2018 decided on
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24 April 2018 and M/s Royal Energy Ltd. vs. M/s. Indian Oil Corp.
Ltd. & ors. Case No.1/28 (C-97/2009/DGIR).
Learned Public Prosecutor has opposed the arguments
advanced by learned counsel for the petitioner and submitted that
proceedings done by the concerned police authority, as per Act.
Learned Public Prosecutor has submitted that after investigation,
police authority found offence u/s 3/7, 4/7, 7/8 of Essential
Commodities Act and Sections 420, 285, 379/411, 120B IPC and
search operation done by the concerned authority is as per law.
So, petition filed by the petitioner be dismissed.
Learned Public Prosecution has relied upon judgment of
Allahabad High Court in Vishnu Kumar vs. State of UP and ors.
reported in 2020 (138) ALR 678.
I have considered the arguments advanced by learned
counsel for the petitioner as well as learned Public Prosecutor.
It is an admitted position that petitioner had licensed to do retail business of biodiesel. It is also admitted position that biodiesel does not fall under the category of Petroleum Products. So, offences under Essential Commodities Act does not made out against the petitioner. So, proceedings done by the police authority does not seem bona-fide and lawful. So, petition filed by the petitioner deserves to be allowed.
Resultantly, the petition stands allowed and FIR No.26/2022 registered at Police Station Shrinagar, Distt. Ajmer for the offences u/s 3, 7, 4, 8 of Essential Commodities Act and Section 420, 285, 379, 411 and 120B IPC and consequential criminal proceedings thereto, are quashed.
(NARENDRA SINGH DHADDHA),J Brijesh 133.
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