Mere purchase of diesel oil without any specific allegation of instigation, conspiracy or intentional aid does not constitute abetment of an offence under S.7 of the Essential Commodities Act, 1955 read with cl. (3) of the Orissa Petroleum Products (Sale by Dealers) Order, 1979.

JUDGEMENT

1. This revision is directed against an order taking cognizance of an offence of abetment of offence under S.7 of the Essential Commodities Act, 1955 read with cl. (3) of the Orissa Petroleum Products (Sale by Dealers) Order, 1979.

2. The gist of the prosecution case is that one B. Bhaskar Patra has a fuelling station at Muniguda who carries on business of sale or storage for purpose of sale of petroleum products to consumers. On 29-3-79, the Inspector of Supplies along with others suddenly inspected the business premises of the dealer around noon and found stationed one truck bearing number ORR 767 loaded with 14 barrels of diesel oil containing 2800 litres and one jeep bearing number MRB 403 loaded with two barrels containing 400 litres of high-speed diesel oil. It is said that the petitioner who was in the jeep could produce cash-memos in support of purchase of 2800 litres of diesel oil, but he could not produce any cash-memo in support of the 400 litres of oil loaded in two barrels in the jeep. The dealer admitted to have sold 3200 litres of oil.

3. According to the prosecution case, on inspection of the accounts and verification of the stock of the dealer, it was found that there was a reserve of 80 litres of high-speed diesel. As per notice dated 12-3-79 issued by the Sub-Divisional Officer, Gunupur, the dealer was to maintain a minimum reserved of 1200 litres of high-speed diesel. By not maintaining the said reserve, the dealer contravened cl. (3) of the Order. It is further alleged against the dealer that he was in the habit of maintaining false and fictitious accounts and had failed to furnish information regarding receipt of stock by him at various times to the competent authorities as required by cl. (4) of the Order.

4. It would be evident from the aforesaid narration that the only allegation against the petitioner is that he had purchased 3200 litres of diesel oil and was carrying the same in barrels loaded on two vehicles. At one place, he has been described as an abettor. Otherwise, there is no specific allegation.

5. Clauses 3 and 4 of the Order read as follows:

"3. Reservation of stock-(1) The Collector or any officer not below the rank of a Sub-Divisional Officer authorised by him may, for equitable distribution by notice issued from time to time in writing, require the dealers of any place within his jurisdiction to keep such quantity or percentage of stocks of any or all items of petroleum products received by them in their retail outlets as specified in the notice, reserved for sale under and in accordance with a permit issued by the Collector or by any officer not below the rank of Assistant Civil Supplies Officer authorised by him in this behalf in the form specified in the Schedule.

(2) The notice issued under sub-cl. (1) shall specify the period not exceeding thirty days at a time for which it shall remain in force.

(3) The notice shall cease to have effect on the expiry of the period specified therein as per sub-cl. (2) or from the date of issue of a subsequent notice, whichever is earlier.

(4) Supply of information - Every dealer shall on receipt of the petroleum products in his depot or godown furnish on the same date information of the same to the Collector or/to such officer not below the rank of a Sub-Divisional Officer as authorised by the Collector for the purpose."

6. The notice as contemplated in sub-cl. (1) of cl. (3) is issued to the dealer requiring him to keep such quantity or percentage of stock received by him as specified in the notice, reserved for sale under and in accordance with the permit issued by the authority specified in the said sub-clause. The notice, as per sub-cl. (2), remains in force for a period not exceeding thirty days and ceases to have effect on the expiry of the period stated in the notice or from the date of issue of a subsequent notice, whichever is earlier.

7. The notice is given to the dealer by the specified authority. The notice is not notified for general inf