Order:

This Criminal Petition, under Section 482 Cr.P.C., has been filed on behalf of the petitioners/A1 to A4 to quash the proceedings in C.C.No.1857 of 2021 on the file of the learned IV Additional Judicial Magistrate of First Class, Kakinada.

2. A charge sheet has been filed against the petitioners for the offences punishable under Sections 7 of E.C.Act, 1956 and Section 3(2) r/w 23(1) of the Petroleum Act, 1934.

3. Case of the prosecution, in brief, is that, on 18.07.2016, on receipt of credible information about pilferage of diesel in Sri Lakshmi Agencies Petrol Bunk at Thimmapuram, the Inspector of Police, Kakinada Rural Circle, along with mediators, proceeded to the bunk and noticed about fitting of a pipe for unloading the diesel from tanker lorry bearing No.AP35 T 5677 which was stationed there. When A4, who was fitting the pipe to the tanker, was questioned, he disclosed that he was fitting a pipe for unloading the diesel from the tanker into the ground level tanker, as per directions of A1 who is running the said petrol bunk. On questioning A1, he revealed that he took the bunk for rent and was running the same. One Raju who is resident of Chintapalli Village of Visakha District is supplying diesel with a difference of Rs.5/- against the market value. On 09.07.2016 he loaded 8000 liters of HSD in his lorry with the assistance of his driver Karunakar illegally without any invoice or any authorization.

4. Learned counsel for the petitioners submitted that, even accepting the entire accusations to be true, none of the offences under Section 3(2) r/w 23(1) of the Petroleum Act would attract against the petitioners for the reason that from the vehicle that has been stationed at the petrol bunk there is no accusation that petrol has been unloaded into the tank belong to the bunk. A perusal of the provisions of the Petroleum Act goes to show that they would not be applicable to the facts and circumstances of the case.

5. Learned Special Assistant Public Prosecutor appearing on behalf of the State submitted that, the vehicle is loaded with 8000 of HSD oil and the same is stationed at petrol bunk to unload the diesel without there being any official papers. The petrol was being unloaded into the tank belonging to the petrol bunk at a lesser cost. These are all disputed questions of fact and truth or otherwise of the same has to be decided only during the course of trial.

6. Heard. Perused the record.

7. On 18.07.2016, on the credible information about pilferage of diesel in Sri Lakshmi Agencies Petrol Bunk at Thimmapuram, the Inspector of Police, Kakinada Rural Circle, along with mediators, proceeded to bunk and noticed about fitting of a pipe for unloading diesel from the tanker lorry bearing No.AP35 T 5677 which was stationed at the petrol bunk. They surrounded the tanker and when the person who is fitting the pipe to the tanker was called and questioned him, he was said to have given a statement to the extent that he is fitting the pipe for unloading the diesel as per directions of A1 who is running the said petrol bunk. On questioning A1, he confessed that he studied MBA and worked in Sudha Pharmacy at Hyderabad; that about 9 months back, he took Sri Lakshmi Agencies Petrol Bunk on lease and paying rent of Rs.1,30,000/- per month; that one Raju who is resident of Chintapalli Village, has been supplying diesel with a difference of Rs.5/- against the market value; that about 15 days back, he came to petrol bunk, promised that he would supply diesel at a lesser rate of Rs.5/- against the market value and promised that he would hand over the Diesel at Kathipudi Village; that on 09.07.2016, he took his tanker bearing No.AP35 T 5677 to Kathipudi Village with the assistance of his driver Karunakar. One Raju took diesel on another tanker into a tope located by the side of National High Way at the outskirts of Kathipudi Village. He lodged his lorry with 8000 liters of HSD in two compartments and kept the same by the side of the road.