1 By way of the present application filed under Section 482 of the Code of Criminal Procedure, the applicants - original accused have prayed that the Complaint dated 17.9.2006 lodged before Kamrej Police Station being CR No.II-104 of 2006 be quashed on the ground that they have not committed any offence under the provisions of Sections-3 and 7 of the Essential Commodities Act, 1955 read with Section 114 of the Indian Penal Code.
2 Brief facts arising from the case are as under:
That the petitioner No.1 is a small transporter having his Tempo, bearing Regn. No. GJ-5-UU-9370 which he is plying in Surat District. On 17.9.2006 when he was carrying kerosene on his above referred tempo, the complainant, who is ASI, Kamrej Police Station, detained the tempo and inquired about the licence to keep/transport the kerosene being an essential commodity under the provisions of the Essential Commodities Act as well as the Rules. It is the case of the petitioner No.1 that he informed the police personnel that as per the instructions of one Bherumal Ramswarup Jain, who is petitioner No.2 in the present case, was shifting the said kerosene from one place to another. It was also informed to the police authority that he is not the owner of the said goods and he is in the business of transporting the goods from one place to another. The police lodged a complaint at Kamrej Police Station and the same has been registered at CR No. II-104 of 2006.
It is the case of the petitioner No. 2 that he is also not the owner of the goods which was found in the vehicle driven by the petitioner No.1. In fact, the goods belong to his brother-in-law, namely, Dalchandbhai Shankarji Jain and as per his instructions, he had engaged the petitioner No.1 for transporting the said goods from one place to another place and he is not the owner of the goods and therefor he has not committed any offence as alleged in the FIR.
In support of this submission, the petitioners have produced several documents including the statement given by said Dalchandbhai Shankarji Jain before the Mamlatdar, delivery receipt, bills etc., the licence was issued by the authority in favour of said Dalchandbhai Shankarji Jain as well as the application made to Mamlatar/Executive Magistrate, Kamrej on 16.9.2006 as well as an Order passed by learned Principal Civil Judge and Judicial Magistrate, First Class, Kathor in Misc. Application No. 107 of 2006 by which the goods were ordered to be handed over to Dlachand Shankarji Jain.
3 I have perused the documents referred to here-in-above and I am of the opinion that the goods which have been seized by the Police belonged to one Dalchand Shankarji Jain who has a valid licence 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. When the goods were seized, Dalchandbhai Shankarji Jani was having a valid licence. It also appears from the application dated 16.9.2006 that he had requested to Mamlatdar to permit him to shift the goods from the place where he was permitted to carry on business to another place due to construction work on the premises. It also appears from the record that when the goods were seized by the authority, Dalchand Shankarji Jani has made an Application No.107 of 2006 in the Court of learned Principal Civil Judge and Judicial Magistrate, First Class, Kathor, and prayed to hand over the goods which were seized by the police authorities in connection with the complaint in question. After perusing the documents produced by the said Dalchand Shankarji Jani, the learned Principal Civil Judge and Judicial Magistrate, First Class, Kathor passed an Order dated 3.10.2006 to hand over seized goods to him .
4 In view of this factual scenario of the matter, I am of the opinion that no case is made out against the present applicants as the applicants have not committed the offences alleged in the complaint and therefore the same is required to be set aside.
5 In the result, the petition is allowed. The Criminal Complaint dated 17.9.2006 registered at Kamrej Police Station being CR No. II-104 of 2006, qua, the present applicants is quashed and set aside. Rule is made absolute accordingly.
(A.J.
DESAI, J.) pnnair Top