An individual may store diesel for personal use within specified legal limits, pending clarification from authorities regarding regulations.

CORAM: HONOURABLE MR. JUSTICE RAJIV ROY ORAL ORDER

2 22-12-2025 Learned counsel for the petitioner prays for and is allowed to implead the informant and District Supply Officer, Motihari, East Champaran as opposite party no. 2 and 3 respectively in course of the day.

2. Heard Mr. Sanjeev Kumar, learned counsel for the petitioner and Mr. Jitendra Kumar Singh, learned APP representing the State.

3. The petitioner is apprehending his arrest in connection with Kotwa P.S. Case No. 269 of 2025 registered for the offence punishable under Sections 303(1) and 317(4) of the B.N.S., lodged on 14.07.2025 by the informant Arun Kumar.

4. As per the prosecution story, the informant alleged that on secret information that the petitioner is in a business of unauthorisedly selling the diesel, the place was raided and there is recovery/seizure of 160 liter diesel alongwith the materials to measure the diesel. The petitioner managed to escape. This led to the F.I.R.

5. Learned counsel for the petitioner has a provided a copy of the 1966 order issued in exercise of the powers conferred under section 3 of the Essential Commodities Act, 1955 with specific reference to order 7 which has come under GSR 74 dated 18.11.1980 to show that a person can store upto 400 liters of high speed diesel. He further submits that the recovery/seizure from this petitioner who is a farmer is only 160 liter and as such, it cannot be recorded that he was illegally selling the diesel.

6. The document which Mr. Sanjeev Kumar has provided clearly shows that it relates to the Bihar Motor Spirit and High Speed Diesel Oil Dealers’ Licensing Order, 1966 (henceforth for short ‘the 1966 order’). It talks about its commencement, definitions and how the license will be provided/canceled/refusal.

7. Further, the Order 6 records power to refuse grant or renewal of license and order 7 restrictions against storage and read as follows:

“ Order 6 . Power to refuse grant or renewal of license.

The licensing authority may, after giving the dealer concerned an opportunity of stating his case and for reasons to be recorded in writing, refuse to grant or renew a license.

Order 7 Restrictions against storage.

(1) No person other than a licensee shall keep or store in any premises occupied by him or permit any other person to keep or store in any such premises a quantity exceeding 27.27 liters (6 gallons) of Motor Spirit and 400 liters (two barrel) of high speed diesel oil otherwise than in the tank of a motor vehicle unless he has obtained a written permission from the District Transport Officer or such Superintendent of Police, who is authorized to perform the duties and discharge the functions of District Transport Officer, within the limits of whose jurisdiction the motor spirit or high speed diesel oil is kept or stored, authorizing him to do so.

(2) No dealer shall supply exceeding

27.27 liters (6 gallons) of motor spirit and 400 liters (two barrel) of high speed diesel oil to any person in tin or barrel without a written permission of the licensing authority of the area concerned.”

8. A perusal of the aforesaid order 6 would show it relates to the dealers who are dealing with the selling of the diesel and not an individual.

9. However, Mr. Sanjeev Kumar, submits that it is equally applicable to an individual inasmuch it do not talks about the dealer rather the word has been used, no person other than the licensee shall keep or store any premises occupied by him, a quantity exceeding 400 liter of high speed diesel beside

27.27 liter motor spirit.

10. In that background, Mr. Jitendra Kumar Singh is required to file affidavits on behalf of the newly added opposite parties on the point raised by Mr. Sanjeev Kumar as to whether an