Amareshwar Sahay, J.-In this application the petitioner has prayed for quashing of the entire criminal proceeding in connection with Dhanbad (Bank more) P.S. case no. 335 of 1999 corresponding to G.R. case no. 1583 of 1999 and also prayed for stay of the proceeding of the said case.

2. The facts in short of the case are that the First Information Report being Dhanbad (Bankmore) P.S. case no. 335 of 1999 was registered by the police under Section 7 of the E.C. Act against the petitioner and others.

3. It is alleged in the First Information Report that on 31.5.1999 the informant, received information, that in the premises of the petitioner, namely, Ram Chandra Sao, at Matkuria, illegal trade of theft and adulteration of diesel from 2-3 tankers were going on. On this information the informant along with others officials raided the premises of the petitioner and found that three tankers having registration no. BR17A-8463, BHQ-5561 and BPW-7270 were parked there. It is alleged that Kamal Turi, driver of BHQ-5561 and Laxman Turi, Khalasi thereof were interrogated who stated that on 28.5.1999 they have loaded 12,000 liters diesel from Rajbandh (West Bengal) from the depot of Mis.