Rajasthan High Court - Jaipur
Suraj Singh Rawat S/O Ganpat Singh 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. 2647/2022
Suraj Singh Rawat S/o Ganpat Singh, Aged About 29 Years, R/o
Kaisarpura Nadi, Saradhana, Ajmer, Rajasthan-305206.
----Petitioner
Versus
1. State Of Rajasthan, Through P.p.
2. Sumeet Meharda Ips, R/o In Front Of Hans School,
Kotputli, Jaipur Rural, Rajasthan, India.
----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.255/2021 registered at Police Station
Mangaliyavas, 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 based on completely false and
frivolous. Learned counsel for the petitioner also submits that
petitioner is a sole proprietor of M/s Balaji Chemicals and
Fertilizers involved in the business of manufacture of Biodiesel,
biodiesel oil and base oil in Ajmer which is bearing GST
No.08BISPR4590R2ZU which is granted by the State of Rajasthan
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to the petitioner for dealing the said biodiesel and base oil.
Learned counsel for the petitioner also submitted that the
petitioner is registered proprietor of M/s Balaji Chemicals and
Fertilizers. 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
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,
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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 the petitioner does not have in possession of license to do the retail business of the biodiesel. GST certificate of the petitioner reveals that petitioner had licensed to do the business of chemical and fertilizers. During the course of arguments, learned counsel for the petitioner did not satisfy the court that the person having a license to do the business of fertilizer and chemicals could sale the biodiesel in a retail. So, in my considered opinion that proceedings done by the police authority against the petitioner seem to be bona-fide. Therefore, the present petition is devoid of merits and liable to be dismissed.
Hence, the present petition stands dismissed. Stay application also stands disposed of.
(NARENDRA SINGH DHADDHA),J Brijesh 139.
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