Patna High Court - Orders
Umakant Kamat vs The State Of Bihar on 15 November, 2019
Author: Ashutosh Kumar
Bench: Ashutosh Kumar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.18117 of 2015
Arising Out of PS. Case No.-139 Year-2014 Thana- MADHEPUR District- Madhubani
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Umakant Kamat S/o- Kashi Nath Kamat, R/o Village- Jarauli, P.S.- Nirmali,
District- Supaul.
... ... Petitioner/s
Versus
The State Of Bihar
... ... Opposite Party/s
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Appearance :
For the Petitioner/s : Mr. Avinash, Advocate
For the Opposite Party/s : Mr. Aslam Ansari, App
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CORAM: HONOURABLE MR. JUSTICE ASHUTOSH KUMAR
ORAL ORDER
5 15-11-2019Heard Mr. Avinash, learned advocate for the petitioner and Mr. Aslam Ansari for the State.
The petitioner seeks quashing of the order dated 05.01.2015 passed by the learned I/C Additional Chief Judicial Magistrate, Jhanjharpur in connection with Madhepur P.S. Case No. 139 of 2014, whereby cognizance has been taken under Section 420 of the Indian Penal Code, Section 7 of the Essential Commodities Act and Section 9 (K) of the Explosive Substance Act.
The FIR has been registered at the instance of a Block Supply Officer posted at Madhepur who has Patna High Court CR. MISC. No.18117 of 2015(5) dt.15-11-2019 2/4 alleged that on confidential information, he intercepted a mini truck bearing Registration No. BR-7G-228 and found 85 LPG gas cylinders loaded on that vehicle. The petitioner who was driving the vehicle was arrested and on his disclosure, approximately 247 empty LPG cylinders were seized from a tiled roof house belonging to Mukesh Mandal.
Learned counsel for the petitioner has submitted and which fact was stated by the petitioner in his interrogation that 110 full LPG gas cylinders were loaded on his vehicle by M/s Kailash Gas Agency, Nirmali which was to be delivered to some consumers and one Mukesh Mandal. It has been urged on behalf of the petitioner that he had no idea that the LPG cylinders were transported for the purposes of selling the same on higher price. The petitioner is a private driver on the pay-roll of his master in whose favour the seized vehicle has been released.
No offence under Section 7 of the Essential Patna High Court CR. MISC. No.18117 of 2015(5) dt.15-11-2019 3/4 Commodities Act can at all be said to have been made out against the petitioner as the petitioner cannot be held to have contravened any provision of the Explosive Substance Act or the Liquified Petroleum Gas Order, 2000. There is nothing on record to come to a conclusion that the petitioner as a driver of the vehicle which was seized with LPG cylinders was guilty for the offence under Section 420 of the Indian Penal Code. If the cylinders were loaded on the vehicle driven by him by a gas agency, there was no reason for the petitioner to suspect that it was for the purposes of selling it in black market. No offence of cheating as defined under Section 415 of the Indian Penal Code also can at all be said to have been made out for him to be prosecuted for the offence under Section 420 of the Indian Penal Code.
Learned counsel for the petitioner has also stated on instructions that the case has not travelled beyond the stage of cognizance.
Considering the aforementiioned aspects, this Patna High Court CR. MISC. No.18117 of 2015(5) dt.15-11-2019 4/4 Court deems it appropriate to set aside the order of cognizance and the entire criminal prosecution arising therefrom as no useful purpose would be served in allowing this prosecution to be continued as against the petitioner.
The impugned order is set aside.
The petition stands allowed.
(Ashutosh Kumar, J) krishna/-
U T