1 By way of the present application under Section 482 of the Code of Criminal Procedure, the applicant-Bherumal Ramswarup Jain has prayed that the criminal complaint dated 18.9.2006 lodged before Kamrej Police Station, being CR No. II-105 of 2006, be quashed and set aside as he has not committed any offence as alleged in the said complaint.
2 Today, this Court by reasoned order has disposed of Criminal Misc. Application No.11046 of 2006 arising out of the same incident and set aside the complaint registered before Kamrej Police Station, being CR No. II-104 of 2006, qua, the applicants of that application and also held that the goods belonged to one Dalchandbhai Shankarji Jani and no case is made out against the applicants of the said application as alleged in the complaint. It is the case of the present applicant that when the premise was raided, kerosene was found and seized by the authority as the applicant could not produce any documentary evidence to show that the applicant was having a valid licence issued by the competent authority under the provisions of the Gujarat Essential Articles (Licence, Control and Stock Declaration) Order, 1981 by which he was permitted to carry on business of purchasing and selling kerosene and therefor impugned offence was registered. It is the further case of the applicant that when the goods were seized, one Dalchandbhai Shankarji Jani has admitted that the premises belongs to him and in respect of that he has produced a statement given by said Dalchandbhai Shankarji Jani as well as an Application submitted by said Dalchandbhai Shankarji Jani to Mamlatdar on 16.9.2006 informing him that due to construction work, he wanted to shift the goods to the present premises. The applicant has also produced a valid licence issued by the competent authority under the provisions of the Gujarat Essential Articles (Licence, Control and Stock Declaration) Order, 1981 in favour of said Dalchandbhai Shankarji Jani by which said Dalchanbhai was permitted to carry on business of purchasing and selling kerosene and also produced a copy of the Order dated 3.10.2006 passed by the Principal Civil Judge and Judicial Magistrate, First Class, Kathor, who after perusing the documents produced by the said Dalchand Shankarji Jani, ordered to hand over the seized goods to him as the said goods belongs to him.
4 In view of this factual scenario of the mater, I am of the opinion that no case is made out against the present applicant as alleged in the complaint dated 18.9.2006 and, therefore, the same is required to be quashed and set aside.
5 In the result, the petition is allowed. The criminal complaint dated 18.9.2006 lodged before Kamrej Police Station, being CR No.II-105 of 2006 is quashed and set aside. Rule is made absolute accordingly.
(A.J.
DESAI, J.) pnnair Top