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2023 Supreme(Bom) 1140

VINAY JOSHI, VALMIKI SA MENEZES
Abhay S/o. Anup Rathi – Appellant
Versus
State of Maharashtra, through Police Station Officer, Police Station, Khadan, Akola – Respondent


Advocates Appeared:
For the Applicant :Shri J.T. Gilda, Senior Advocate a/b Shri A.J. Gilda.
For the Non-Applicants : Shri S.S. Doifode, APP.

JUDGMENT :

Valmiki Sa Menezes, J.

By these two criminal applications, the applicants seek to invoke this Court’s inherent power under Section 482 of the Code of Criminal Procedure, 1973, seeking to quash the First Information Report (FIR) No.1203 of 2021 dated 23.12.2021, registered with Khadan Police Station, District Akola and connected Final Report dated 04.10.2022 in RCC No.1242 of 2022.

The Final Report alleges offences against the applicants under Sections 188, 285 read with Section 34 of the Indian Penal Code, 1860, under Sections 3 and 7 of the Essential Commodities Act, 1955, under Sections 3 and 4 read with Section 23 of the Petroleum Act, 1934 and under the Motor Spirit and High Diesel (Regulation of Supply, Distribution and Prevention of Malpractice) Order 2005 and Amendment Order 2017. The sole applicant in Criminal Application (APL) No.555 of 2022 is alleged to be the owner of the seized product purporting to be bio-diesel or a petroleum product and is alleged to have illegally sold this product, which is subject matter of the seizure conducted pursuant to lodging of

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