[2026:RJ-JD:8993]

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR S.B. Criminal Misc(Pet.) No. 9890/2025

1. Jitendra Meghwal @ Jitendra S/o Shri Ramswaroop, Aged About 27 Years, R/o Khawaspura, Pipar City, Borunda District Jodhpur, Rajasthan.

2. Dileep Singh Alias Dalip Singh S/o Shri Kishan Singh, Aged About 29 Years, R/o Godavat Pipar City, Borunda, District Jodhpur, Rajasthan.

----Petitioners Versus

1. State Of Rajasthan, Through Pp

2. Padam Dan Ratnoo, Dy. S.p. Resident Of Takhatgarh, Sumerpura, District Pali, Rajasthan, The Them Circle Officer Bilara.

----Respondents For Petitioner(s) : Mr. Mahaveer Singh Rathore For Respondent(s) : Mr. Vikram Rajpurohit, PP HON'BLE MR. JUSTICE BALJINDER SINGH SANDHU

Order

18/02/2026 The present criminal misc. petition has been filed by the petitioners under Section 528 BNSS for quashing of FIR No.268/2025 registered at Police Station Pipar Sahar, District Jodhpur Rural for the offences under Sections 3/4 Motor Spirit & High Speed Diesel (Regulation Of Supply, Distribution And Prevention of Malpractices) Order, 1998 and Section 3/7 E.C. Act

1955.

In the present case, the vehicle of the petitioner was found transporting 1100 liters of petrol. In the absence of any valid permit or authorization for transporting the said petroleum product, the act was found to be in violation of Section 3 read with Section 7 of the Essential Commodities Act, 1955, as well as Clauses 3 and 4 of the Motor Spirit and High Speed Diesel (Regulation of Supply, Distribution and Prevention of Malpractices)

Order, 2005 (hereinafter referred to as “the Order of 1998”).

Learned counsel for the petitioners has laid challenge to the present FIR on two grounds. Firstly, in view of the Notification dated 10.04.2006 issued by the State Government, the authority competent to effect seizure under Control Order 2005 shall not be below the rank of Additional District Supply Officer(ADSO) in Department of Food and Civil Supplies. It is submitted that in the present case the seizure has been carried out by an Enforcement Officer who is not competent under the aforesaid notification, and therefore, the seizure of the material is illegal and without jurisdiction.

Secondly, it is argued that even otherwise, as per the provisions of the Control Order, 1999, a person is permitted to possess and carry up to 2500 liters of petroleum products. In the present case, only 1100 liters of petroleum product have allegedly been seized from the petitioners. Therefore, it is contended that no offence is made out under the alleged provisions.

He, therefore, prays that the present FIR deserves to be quashed and set aside.

Learned counsel for the petitioners has placed reliance upon the judgments passed by this Hon’ble Court in Karamjeet Singh vs. State of Rajasthan in CRLRP No. 1361/2014 as well as Balveer vs. State of Rajasthan in CRLMP No. 1206/2016 in support of his submissions.

Learned Public Prosecutor has vehemently opposed, the arguments raised by learned counsel for the petitioners, however, is not in a position to dispute the law settled by this Court in the aforesaid judgments.

This Court has considered the arguments raised by the learned counsel for the petitioner as well as has perused the FIR, It is an admitted position that only 1100 litres of petroleum products were found in possession of the petitioner. It is also not disputed that at the time of seizure of the material, only the Enforcement Officer was present, and no officer above the rank of Enforcement Officer, as required under the relevant notification, was present at the spot.

This Hon’ble Court in Karamjeet Singh vs. State of Rajasthan (CRLRP No. 1361/2014) has categorically held that the authorized officer, in terms of the Control Order of 2005, shall not be below the rank of Additional District Supply Officer (ADSO) in the Food and Civil Supplies Department. It has further been held that under the Control Order of 1999, retail sale of petroleum products up to 2500 liters is permissible t