Prosecution under IPC sections 265 and 266 is untenable due to the Legal Metrology Act's precedence, while other charges can proceed.

JUDGMENT :

VIKRAM D. CHAUHAN, J.

1. Heard Sri Ami Tandon, Advocate, learned counsel for Applicant and Sri Om Prakash Dwivedi, learned AGA for State.

2. The present application is preferred by applicant under Section 482 of Criminal Procedure Code, 1973 for quashing charge-sheet dated 6.9.2017 being No. 90 of 2017 arising out of Crime No. 0111 of 2017 under Sections 265, 266, 419 and 420 of Indian Penal Code and 3/7 of Essential Commodities Act, Police Station-Badausa, District-Banda and summoning order dated 25.10.2017 passed by Ist Additional Chief Judicial Magistrate, District-Banda in Case No. 1660/IX/17.

3. The Applicant is a dealer of Hindustan Petroleum Corporation having its retail outlet in the name and style of Pandey Filling Station, Badausa, District-Banda. An inspection at the site of the retail outlet of the applicant was conducted on 14.6.2017 by a team of sales officer of Indian Oil Corporation, Kanpur, Weights and Measure Inspector, Nayab Tehsildar and Police Administration. The inspection team found that nosal no. 2 is giving out air and nosal would not be checked but the wire in the pulser seal of the unit was found to be broken at the time of inspection.

4. A first information report dated 19.7.2017 was lodged by Supply Inspector at Police Station-Badausa, District Banda which was registered as Case Crime No. 0111 of 2017 under Sections 265, 266, 419, 420 of Indian Penal Code and under Section 3 /7 of Essential Commodities Act, 1955. The prosecution case arising out of the above-mentioned first information report is to the effect that the Chief Secretary, Government of Uttar Pradesh, Lucknow by letter dated 2.5.2017 instructed to conduct inspection/raid at diesel/petrol retail outlet by forming a team. In pursuance thereof, the District Magistrate by order dated 3.5.2017 constituted an investigating team. The aforesaid team conducted inspection on 14.6.2017 at Pandey Filling Station, Badausa, Tehsil-Attara. As per the report of the inspection team, dispensing units were found installed at the pump. In the letter dated 15.6.2017 of the Chief Secretary it was directed that in respect of petrol/diesel pumps where irregularities were found during inspection/raid, case should be registered under the relevant section of various acts and action should be taken as per various procedures. In the Pandey Filling Station, Badausa, the wire of the seal of the head of the pulser assembly nosal no. 2 dispensing unit was found broken. Since the wire of the pulser was found broken, the same was seized by the Investigating Team. Tehsil- Attara, giving less quantity to consumers by breaking the wire of the pulse seal of the pulse assembly of nosal no. 2 of the dispensing unit installed at the pump and thereby earning unfair profit by selling diesel saved from less measurement is clear violation of various provisions of Government Order dated 5.8.2008 and U.P. High Speed And Light Diesel Oil (Maintenance of Supply and Distribution) Order 1981 as amended and Motor Spirit And High Speed Diesel (Regulation of Supply Distribution and Prevention of Malpractice) Order 2005 which is punishable offence under Section 3/7 of Essential Commodities Act, 1955 and relevant section of Indian Penal Code.

5. Learned counsel for applicant submits that applicant was running a petrol pump where a raid was conducted by the officials. As per the prosecution case, the dispensing unit seal was found tampered and as a result of the same first information report was lodged under Sections 265, 266, 419 and 420 of Indian Penal Code and Section 3/7 Essential Commodities Act, 1955. Learned counsel for applicant further submits that offence in respe