The court ruled that petitioners were not criminally liable under the Poisons Act, affirming that they held valid licenses and there was no negligence resulting from the incident leading to the FIR.

JUDGMENT :

Hemant M. Prachchhak, J.

1. By way of present petition under Section 482 of the Code of Criminal Procedure, 1973 (hereinafter referred to as ”the Code”), the petitioners have prayed for quashing and setting aside F.I.R. bearing No. II. 01 of 2018 registered with Dahej Marine Police Station, Dist. Bharuch for the offence punishable under Section 6 of the POISONS ACT , 1919 (hereinafter referred to as the “Act”) and to quash all other consequential proceedings arising out of the aforesaid FIR qua the petitioners.

2. At the outset, Mr. Dharmesh Devnani, learned advocate for the petitioners has submitted that petitioner No.3 i.e. Niren Prabhulal Jhaveri has passed away on 23.5.2021. Learned advocate for the petitioners has produced on record the death certificate of said petitioner No.3 issued by the Municipal Corporation of Greater Mumbai R South Ward and has requested that present petition may be abated qua petitioner No.3.

3. In view above, present petition stands disposed of as abated qua petitioner No.3.

4. Therefore, present petition is taken up for hearing only qua petitioner Nos. 1, 2 and 4.

5. In present petition, the petitioners have prayed, inter alia, that:-

“9(A) Your Lordships may be pleased to quash and set aside the impugned First Information Report bearing No. II 01/2018 filed by the Mamlatdar, Vaghare, Bharuch, i.e. Respondent No. 2 registered on 20.02.2018 before the Dahej Marine Police Station, Bharuch, for the offences punishable under Section 6 of the Poisons Act, 1919;

(B) Your Lordships may be pleased to quash and set aside the Show Cause Notice dated 02.02.2017 sent to the Petitioners by the Ld. Collector and the District Magistrate, Bharuch;

(C) Pending hearing and final disposal of the present petition, Your Lordships may be pleased to stay further proceedings in respect of the impugned First Information Report bearing No. II 01/2018 filed by the Mamlatdar, Vaghare, Bharuch, i.e. Respondent No. 2 registered on 20.02.2018 before the Dahej Marine Police Station, Bharuch, for the offences punishable under Section 6 of the POISONS ACT , 1919;

(D) Pending hearing and final disposal of the present petition, Your Lordships may be pleased to stay further proceedings in respect of the impugned Show Cause Notice dated 02.02.2017 sent to the petitioners by the Ld. Collector and the District Magistrate, Bharuch.

(E) An ex-parte ad interim relief in terms of prayer (C) and (D) above may kindly be granted;

(F) Such other and further relief/s as may be deemed just and proper may kindly be granted in the interest of justice.”

6. The facts giving rise to present petition are that the petitioner No.1 is engaged in the business of manufacturing of various chemicals. For production of the said chemicals the petitioner No. 1 utilized methanol and phenol. The petitioner no. 1 possessed requisite license for purchase, possession and use of Methyl Alcohol being Form M.A.-1, under the Bombay Prohibition Act, 1949. The petitioner No. 1 has also granted an N.O.C. to store the methanol at his premises by learned District Magistrate of Bharuch.

6.1 On 31.01.2017, a fire took place at the manufacturing plant of the petitioner No.1. The Petitioner No.1 has immediately taken all necessary steps so as to control the fire from spreading. The Petitioner No.1's on-site team initiated steps to extinguish the fire and alerted the Safety Team for help. Instructions were also dispatched to evacuate the area within the first ten minutes of the fire breaking out. The D.M.C, D.P.M.C. and the Fire Department were contacted and simu