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2006 Supreme(Pat) 577
PATNA HIGH COURT
Mridula Mishra, J.
Mohan Pandey
Versus
State Of Bihar
Criminal Miscellaneous No. 15230 of 2003 ;
Decided On : JULY 07, 2006
The central legal point established is that the institution of the FIR and continuation of the investigation must comply with the relevant orders and acts, and the misuse of the court's process can lead to the quashing of the FIR.
Headnote:
Adulteration - Essential Commodities Act - Bihar Motor Spirit and High Spirit Diesel Oil Dealers Licensing Order 1966, Motor Spirit and High Speed Diesel (Regulation of Supply and Distribution and Prevention of Malpractices) Order, 1998 - The court discussed the provisions of the Essential Commodities Act, Bihar Motor Spirit and High Spirit Diesel Oil Dealers Licensing Order 1966, and Motor Spirit and High Speed Diesel (Regulation of Supply and Distribution and Prevention of Malpractices) Order, 1998. It highlighted the definition of adulteration, the authorized officers for search and seizure, and the overriding effect of the Essential Commodities Act on other enactments.
Fact of the Case:
The petitioners were accused of adulterating petrol/diesel with kerosene oil. The District Magistrate directed an inquiry, and the samples were tested, showing compliance with specifications. The Officer-in-charge was suspended for procedural errors. The petitioners sought to quash the FIR and investigation, citing jurisdictional violations.
Finding of the Court:
The court found that the institution of the FIR and continuation of the investigation were in violation of the Bihar Motor Spirit and High Spirit Diesel Oil Dealers Licensing Order 1966 and the Essential Commodities Act. It held that the continuation of the criminal proceeding would amount to misuse of the court's process.
Issues: Jurisdictional violations in the institution of the FIR and continuation of the investigation, misuse of the court's process.
Ratio Decidendi: The court held that the institution of the FIR and continuation of the investigation were in violation of the relevant orders and acts, leading to the quashing of the FIR.
Final Decision: The court allowed the application and quashed the FIR of Baikunthpur P.S. Case No. 35 of 2003.
Mridula Mishra, J.
1. Heard counsel for the petitioner and the counsel appearing for the State.
2. This application has been filed for quashing the F.I.R. of Baikunthpur P.S. Case No. 35 of 2003 dated 17.4.2003 registered under Secs. 420,414 and 120(B) of the Indian Penal Code as well as sec. 3 of the Prevention of of Damage to Public Property Act,1984.
3. Petitioner No. 1 is the Manager of M/s Mamta Filling Station, Baikunthpur and other petitioners are staff of M/s Mamta Filling Station. On 16/17.4.2003 petitioners were reloading. petrol/diesel contained in tanker No. WB-11-8693 sent from Bharat Petroleum Depot, Patna. Mithlesh Kumar Das, Officer Incharge of Baikunthpur police station a that time came along with the police force and seized the tanker from which Diesel/patrol was being filled in the ground tank of M/s Mamta Filling Station. Seizure was made on the alleged ground that Kerosene oil was being adulterated in diesel/petrol. The Officer-in-charge of Baikunthpur police station arrested the petitioners, drew up an F.I.R. and lodged Baikunthpur P.S. Case No. 35 of 2003
4. The Officer-in-charge of Baikunthpur P.S. alleged that on 16.4.2003 at 22 hours he along with constables was on patrolling duty. About 3 A.M. when the patrolling party reached near M/s Mamta filling station, Baikunthpur, saw that a tanker was standing and some persons were also standing near the tanker. The officer-in-charge asked the driver to stop the jeep. The persons who were standing near the tanker started running away they were chased and caught. On being asked they disclosed their names. The Officer-in-charge reached near the tanker No. WB-11-8693 and found that Kerosene oil was being filled in underground tanker. He also felt the smell of Kerosene oil from the exit point of tanker. The Officer-in-charge demanded papers but the persons caught could not produce paper relating to the oil contained in the said tanker lorry. They also accepted their guilt relating to adulteration of kerosene oil of petrol/diesel. Their act is punishable under Secs. 420,414 and 120B of the Indian Penal Code as well as sec. 3 of the preventions of Damage to the Public Property Act. They were arrested and brought to the police station.
5. Counsel for the petitioners submits that owner of M/s Mamta filling station in the next morning went to the police station and the officer-in-charge demanded Rs. one lac and also threatened him to cancel his dealership. The owner made the complaint to the District Magistrate, Gopalganj requesting to make enquiry in this case and also to take appropriate action against the officer-in-charge of Baikunthpur police station as a false case was instituted by him alleging adulteration of kerosene oil in petrol/diesel. It was also stated that the allegation of adulteration is an offence under Bihar Motor Sprit and High spirit Diesel Oil Dealers Licensing Order 1998. u/s. 12(1) of the Licensing order, official holding specific posts have specifically been authorised to make search, seizure and entry for violation of any of the provisions of Bihar Motor (Spirit and High Spirit diesel oil Dealers Licensing Order 1998. The Officer-in-charge of Baikunthpur police station maliciously caught the staff and manager of his filling station. Even in case kerosene oil was being adulterated with petrol/diesel the officer-in-charge has not been authorised u/s. 12(1) of the Bihar Motor spirit and High spirit Diesel Oil Dealers Licensing Order, 1998 either to institute a case or make a search and seizure for such offence.
6. The District Magistrate, Gopalganj directed the S.D.O. Gopalganj to make enquiry. The S.D.O. Gopalganj appointed Shri Suresh Mishra, Executive Magistrate, Gopalganj and the B.D.O. Baikunthpur to enquire into the matter. They visited Baikunthpur police station on 17.4.2003 and submitted their report stating that the Officer-in-charge has not sent the sample of diesel and petrol for chemical analysis. In presence of officer in ch
