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2023 Supreme(Kar) 1123

M. NAGAPRASANNA
Sadiq Pasha – Appellant
Versus
State of Karnataka – Respondent


Advocates appeared:
Sunil Kumar S., Advocate, K.P.Yashodha, Advocate

JUDGMENT

1. The petitioner is before this Court calling in question registration of a crime in Crime No.137 of 2022 registered for offences punishable under Sec. 285 of the IPC, Sec. 7 of the Essential Commodities Act, 1955 ('the Act' for short) and Clause 3 of the Motor Spirit and high Speed Diesel (Regulation of Supply, Distribution and Prevention of Malpractices) Order, 1998 ('the Motor Spirit Order' for short), wrongly mentioned as Petroleum Rules, 2002 in the FIR pending before the Additional Civil Judge (Junior Division) and JMFC, Mulbagal, Kolar District.

2. Heard Sri Sunil Kumar S., learned counsel appearing for the petitioner and Smt. K.P. Yashodha, learned High Court Government Pleader appearing for the respondents.

3. Facts adumbrated, are as follows:

The petitioner is the holder of a licence for transportation of diesel and is an appointed person to run a petrol bunk in the name and style of SWS and Sons Petrol Bunk. On 15/9/2022, the Police Sub-Inspector along with his staff, who were on patrolling duty on Mulbagal-Chittor National Highway 75, on receipt of credible information about illegal transportation of diesel in a lorry, which belongs to the petrol bunk of the pe

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