Allahabad High Court
Vivek Kumar vs State Of U.P. And Another on 26 March, 2026
Author: Saurabh Srivastava
Bench: Saurabh Srivastava
HIGH COURT OF JUDICATURE AT ALLAHABAD
Neutral Citation No. - 2026:AHC:67266
HIGH COURT OF JUDICATURE AT ALLAHABAD
APPLICATION U/S 482 No. - 29836 of 2015
Vivek Kumar
.....Applicant(s)
Versus
State of U.P. and Another
.....Opposite Party(s)
Counsel for Applicant(s)
:
Gaurav Kakkar, Sandeep Kumar Srivastava
Counsel for Opposite Party(s)
:
Govt. Advocate
Court No. - 77
HON'BLE SAURABH SRIVASTAVA, J.
1. Heard Sri Sandeep Kumar Srivastava, learned counsel for applicant as well as learned AGA.
2. This application under Section 482 Cr.P.C. has been filed for quashing the order dated 2.8.2011 passed by A.C.J.M., Court No. 1, Bulandshahar in Criminal Case No. 10848 of 2009, under Section 3/7 Essential Commodities Act, 1955, P.S. Kotwali Dehat, District Bulandshahar and the order dated 30.7.2015 passed by Additional Sessions Judge, Court No. 2, Bulandshahar passed in Criminal Revision No. 328 of 2011.
3. Brief facts of the present case are that an FIR was lodged against applicant alleging that a tanker bearing Registration No.UMS 8779 was being driven by applicant and on interception of the same, certain petroleum/solvent was found inside the said tanker and when relevant documents/papers through which dealing of petroleum product/solvent was done, demanded by applicant, he was unable to produce the same. The said FIR was registered as Case Crime No.439 of 2008, under Section 3/7 of Essential Commodities Act, P.S. Kotwali Dehat, District Bulandshahar, wherein after investigation, the concerned Investigating Officer submitted chargesheet against applicant on dated 13.10.2009, whereupon cognizance of offence was taken by learned court concerned. Thereafter applicant preferred discharge application which was rejected by learned court concerned vide impugned order dated 02.08.2011. Being aggrieved with the same, applicant preferred Criminal Revision No.328 of 2011 which was also rejected vide impugned order dated 30.07.2015, hence this petition.
4. Vide order dated 06.10.2015, Coordinate Bench of this Court granted interim order in favour of applicant which is being quoted herein below:-
" Heard Sri Gaurav Kakkar, learned counsel for the applicant as well as Sri A.K. Saxena, learned AGA for the State and perused the record.
This application under Section 482 Cr.P.C. has been filed for quashing the order dated 2.8.2011 passed by A.C.J.M., Court No. 1, Bulandshaharr in Criminal Case No. 10848 of 2009, under Section 3/7 Essential Commodities Act, 1955, P.S. Kotwali Dehat, District Bulandshahar and the order dated 30.7.2015 passed by Additional Sessions Judge, Court No. 2, Bulandshahar passed in Criminal Revision No. 328 of 2011.
It has been contended by the learned counsel for the applicant that the applicant is the driver of vehicle in question in which the petroleum product was being transported. He submits that petroleum product which was carried in the vehicle as per report of Forensic Laboratories submitted on 22.11.2008, the sample was sent for re-examination was distinct from Solvent Naphtha and was containing Petroleum hydro carbon particles. The said petroleum has also been released by the appellate authority in favour of its owner, namely, Vikas Agarwal son of Mukesh Chandra Aarwal, who was carrying the business in the name and style Ganpati Petrochemical Industry, Patapur, Meerut, in Criminal Appeal No. 20 of 2009 by the Additional Sessions Judge, Court No. 6, Bulandshahar vide order dted 28.7.2009. A copy of the same has been annexed as anneuxre-10 page 52 to 59 of the affidavit. He further submits that the charge sheet has been submitted against the applicant and there is no charge sheet submitted against the owner of the said petroleum, namely, Vikas Agarwal son of Mukesh Chandra Aarwal. He submitted that the though the application has been rejected by the trial court but the said order is illegal one as the trial court has failed to consider the fact that the applicant is the driver of the vehicle in question and he was not anyway involved in the sale of purchase and storage of the said articles. Hence, the prosecution of the applicant under Section 3/7 Essential Commodities Act is wholly unwarranted and liable to be quashed.
Notice on behalf of opposite party no. 1 has been accepted by learned A.G.A.
Issue notice to opposite party no.2 returnable within four weeks at the address given in the application.
Opposite party no.2 may file counter affidavit within four weeks. Learned A.G.A. may also file counter affidavit within the same period. Rejoinder affidavit may thereafter be filed within two weeks.
List immediately after expiry of the aforesaid period before appropriate Bench.
Till the next date of listing, further proceedings of the aforesaid case shall remain stayed."
5. In pursuance of the said order, neither learned AGA nor learned counsel for opposite party no.2 preferred counter affidavit after lapse of more than ten years, meaning thereby, the position of instant application remains the same as it was on the date of filing and as such, no option left before this Court but to consider the prayer sought through the instant application in absence of any specific rebuttal of the stands taken up by learned counsel for applicant through the instant application.
6. Learned counsel for applicant submitted that during course of investigation, a specific report was obtained from FSL, Agra on dated 04.04.2009 through which, entire allegation whatsoever put forward against applicant, had been denied and the material which was confiscated from the tanker, was declared as non-petro chemical/solvent. One additional plea has been taken by learned counsel for applicant that once the FSL report is not supporting the stand of prosecution, implication of applicant in the present case, is uncalled for and as such, impugned orders may be quashed.
7. In view of facts and circumstances as well as in presence of specific FSL report and also in light of order dated 06.10.2015 passed by Coordinate Bench of this Court, no case is made out against applicant and as such, order dated 2.8.2011 passed by learned A.C.J.M., Court No. 1, Bulandshahar in Criminal Case No. 10848 of 2009, under Section 3/7 Essential Commodities Act, 1955, P.S. Kotwali Dehat, District Bulandshahar and the order dated 30.7.2015 passed by learned Additional Sessions Judge, Court No. 2, Bulandshahar passed in Criminal Revision No. 328 of 2011 along with entire proceedings of the case arising out of Case Crime No.439 of 2008, under Section 3/7 of Essential Commodities Act, P.S. Kotwali Dehat, District Bulandshahar, are hereby quashed.
8. The instant application stands allowed accordingly.
(Saurabh Srivastava,J.) March 26, 2026 Vivek Kr.