1. - By way of instant petition under Section 482 Cr.P.C. the petitioners seek to quash the FIR No. 286/2004 dated 4.7.2004, Police Station, Banswara for offence under Section 3/7 of the Essential Commodities Act.

2. Briefly stated the facts of the case are that on 29th March, 2003 the D.S.O., Banswara conducted an inspection of the petitioner's petrol pump in presence of Salesman Banshi Lal. He took samples of the petrol (motor spirit) as well as diesel. The sample was sent to the Forensic Science Laboratory. The Chemical Analyst found that the relative density of H.S.D. was 0.82428 and relative density of Motor Spirit was 0.7475 i.e. within the permissible limit is prescribed by Bureau of Indian Standards. However, the Chemical Analyst found that certain higher fraction of the range of Kerosene was detected in the sample. However. there is no opinion of the Chemical Analyst to the effect that the sample resulted into non-conformity of the sample with the requirements mentioned in Schedule-I. There is no reporting that the sample recovered from the Pump of the first petitioner was adulterated.

3. The learned counsel has referred to Clause 5 of the Motor Spirit & High Speed Diesel (Regulation of Supply and Distribution and Prevention of Malpractices) Order, 1998 (hereinafter referred to as the Order of 1998). The relevant Clause 5 of the Order of 1998 reads as follows:-

"5. Sampling of product.- (1) The Officer authorised in Clause 4 shall draw the sample from the tank, nozzle, vehicle or receptacle as the case may be to check whether density and/or other parameters of the product conform to the requirements indicated in Sch. I or any other requirement specified by the Central Government.

(2) The Officer authorised in Clause 4 shall take, sign and seal six samples of 1 litre each of the Motor Sprit or 3 of 1 Lit. each of the High Speed Diesel. 2 samples of Motor Spirit (or one of High Speed Diesel) would be given to the Dealer or transporter of concerned person under acknowledgement with instruction to preserve the sample in his safe custody till the testing or investigations are completed, 2 samples of MS (and/or one of HSD), would be kept by the concerned Oil Company or department and the remaining two samples of MS (and/or one of HSD) would be used for laboratory analysis.

(3) Samples shall be taken in clean glass or aluminium containers. Plastic containers shall not be used for drawing samples.

(4) The sample label should be jointly signed by the officer who has drawn the sample, and the dealer or transporter or concerned person or his representative.

(5) The authorised officer shall send the sample of the product taken under Sub-clause (2) within 10 days to any of the laboratories mentioned in Schedule III appended to this Order or such other laboratory as notified by the Government in the Official Gazette for this purpose, for analysis with a view to checking whether the density and/or other parameters of the product conform to requirements indicated in Schedule I, or the specifications laid down by the Central Government, as the case may be."

4. The learned counsel has pointed out that the sample has not been to en in accordance with the provisions of Clause 5 of the Order of 1998. Neither the samples of 1 Litre each were taken out nor the samples taken out by the Officer authorised were six in number nor were the two samples of Motor Spirit handed over to the representative of the dealer. Further, the sample of the product taken under Sub-clause (2) was not sent to the Laboratory within 10 days for analysis. There is an apparent delay of more than 90 days. It is also apparent that the relative density of the HSD was found within the permissible limit prescribed by the Bureau of Indian Standards. There is nothing to show that the sample was found to be adulterated. Thus, the First Information Report does not satisfy the essential ingredients of the offence alleged. I am of the view that the continuing of proceedings is