[2026:RJ-JD:1144]

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR S.B. Criminal Misc(Pet.) No. 78/2026

1. Ramjeevan S/o Multanaram, Aged About 57 Years, R/o Jakharo Ki Dhani Bhopalgarh Jodhpur

2. Dharmendra Kumar S/o Ramchandra, Aged About 40 Years, R/o Ward No. 19 Madana Shajapur Madhya Pradesh ----Petitioners Versus State Of Rajasthan, Through Pp ----Respondent For Petitioner(s) : Mr. Divik Mathur For Respondent(s) : Mr. Vikram Singh Rajpurohit, PP HON'BLE MR. JUSTICE BALJINDER SINGH SANDHU

Order

09/01/2026 The instant criminal misc. petition has been preferred by the petitioners challenging the order dated 16.12.2025 passed by learned Additional District Collector-III, Jodhpur in the application preferred by the petitioner under Section 457 Cr.P.C., whereby vehicle in question being Tankers No.RJ-09-GE-1795 and RJ-27- GB-0496 has been ordered to be released, however, the highly inflammable diesel of 26,000 & 14000 liters respectively has been directed to be kept in police custody on providing storage drums by the petitioner.

The vehicles in question along with the highly inflammable diesel has been seized in connection with FIR No.172/2025 lodged for the offence under Section 3/7 of the Essential Commodities Act (for short "EC Act" hereinafter) at Police Station Bhopalgarh, District Jodhpur. The petitioners being owner of the vehicles preferred an application under Section 457 Cr.P.C. for release of the Tankers along with diesel. The District Magistrate ordered to release the Tankers, but directed the diesel contained therein to be kept in police custody on providing storage drums by the petitioners. Hence this petition.

learned counsel for the petitioners submitted that the diesel was being transported with all necessary documents including a valid bill and permit and therefore, the diesel could not have been confiscated or detained by the police. He further submits that the lack of storage facilities at the police station cannot justify the direction to the petitioners to provide containers for the petroleum product. It is further argued that the trial under the EC Act will take considerable time, and if the diesel is kept seized during this period, it would not only deteriorate/deplete but also affect the quality of the petroleum product, apart from causing substantial financial loss to the petitioners.

Learned public Prosecutor opposed the submissions made on behalf of the petitioners and submitted that the vehicles and the diesel contained therein, have been seized in a case registered under the provisions of Section 3/7 of the Act and the same would be required during the trial. However, learned Public Prosecutor could not clarify or given satisfactory explanation whether the petitioners were directly accused or if there was any other specific case of similar nature against them.

I have considered the arguments advanced by the learned counsel for the parties and perused the material available on record.

There are no allegations of adulteration or other malpractices concerning the diesel loaded in the Tankers against the petitioners. The trial under the Essential Commodities Act will take considerable time, therefore, allowing the seizure of the diesel to continue could deteriorate and degrade the quality of the diesel and the storage of highly inflammable substance in the police station poses a serious threat to life and property. The direction issued by the Additional District Magistrate to provide containers/drums to store such a large quantity of highly inflammable material is not justified. Storage in so many drums exposes the diesel to unnecessary risks, including fire hazards, thus undermining public safety and breaching safety regulations under the Explosives Act. The seizure of the tankers and diesel was stated to be made despite presence of proper documentation. The prolonged seizure of the diesel/tanker significantly disrupts the petitioner's business operations, leading to financial losses. The petitioner is read