JUDGMENT :

Heard Mr. U. J. Deshpande, the learned counsel for the petitioner, Mr. M.G. Sarda, the learned counsel for the respondents 1 to 3 and Mr. M.K. Pathan, the learned APP for respondent 4/State.

2. The petitioner is assailing the judgment dated 4-10-2017, rendered by the Additional Sessions Judge-2, Akola in Criminal Appeal 121/2016, whereby, in purported exercise of power under Rule 154(2) of the Petroleum Rules, 2002 (“Rules”), the appeal preferred by respondents 1 to 3, challenging the communication dated 13-6-2016, issued by the District Magistrate, Akola, informing the Joint Chief Controller of Explosives that no ‘no objection certificate’ (“NOC”) was issued to the petroleum service station of M/s. Harjimal Onkarmal – a partnership firm on plot 33/1, sheet 40-A of Akola, was allowed.

3. The petitioner contends that respondent 1, which is a registered partnership firm, is operating a petrol pump at Akola without valid NOC since 1-9-1961. The contention is premised on the assertion that the NOC was initially issued in the name of individual Mr. Harjimal Onkarmal on 16-4-1959. Mr. Harjimal Onkarmal expired on 26-5-1959 and the respondents 2 and 3 Mr. Mayur Murarka and Mr. Gov