1. Heard learned advocate for the applicant. The applicant who has been named as an accused in First Information Report being F.I.R. II-3332/12 registered with Una Police Station, Junagadh, dated 30.12.2012 for the offence punishable under Section 7 of the provision of Essential Commodities Act, has approached this Court for quashment of the F.I.R on the ground that when the incident occurred truck was not in his possession and it was sold to someone else called Manubhai Ranbhai Banbhaniya.
The petitioner has produced Rs.100/-, stamp paper, which is placed on record, which is purported to be a sale deed.
2. Learned advocate for the applicant submitted that on account of outstanding loan amount, the truck could not be transferred to the purchaser and, therefore, the certificate of registration contain the name of the applicant on that ground he is apprehending that he will be harassed by the concerned Investigating Officer or Police. Learned advocate for the applicant further submitted that the existing truck owner has been nabbed and he is facing investigation.
4. This Court is of the considered view that this application is required to be dismissed for the following reasons;
(i) The certificate of registration is the sole document which would govern the question of ownership and in the instant case the certificate of registration stands in the name of the present applicant, he is named as an accused in whose vehicle the commodities were found. Therefore, the prima facie case for naming the applicant accused exists which in my view is not required to be quashed.
(ii) Moreover, the document of sale deed which is sought to be relied upon for indicating ownership of someone else is falling in the realm of examining the evidence or defense which at this stage is not warranted.
5. The petition, thus being hopelessly meritless, deserves rejection and is accordingly rejected.
(S.R.BRAHMBHATT, J.) Pankaj Page 2 of 2