An FIR alleging negligent conduct under Section 287 BNS must demonstrate an act of rashness or culpable negligence that inherently endangers human life; lawful possession of valid documents and absence of reckless handling precludes the prosecution of such offences.

Order

1. The present criminal miscellaneous petition has been filed by the petitioner under Section 528 of the Bharatiya Nagarik Suraksha Sanhita, 2023 seeking quashing of FIR No. 231/2025 registered at Police Station Panchu, District Bikaner, for the offences under Section 3(2)(d) of the Essential Commodities Act, 1955 and Section 287 of the Bharatiya Nyaya Sanhita, 2023.

2. The facts of the case are that a tanker bearing Registration No. RJ-04-GC-5171 was carrying Marine Oil from Gandhidham, Kandla to Bahadurgarh, District Jhajjar. The said tanker was seized when it was found standing on a ‘kachha’ road, approximately two kilometers away from Bhata Kund Chowraha of village Janglu. Upon checking the vehicle, it was found carrying e-way bills, tax invoices, permits and all other necessary documents. The quantity of oil being transported was 31,360.000 kilograms. Thereafter, the FIR in question came to be registered by the police authorities under Section 3(2)(d) of the Essential Commodities Act, 1955 and Section 287 of the Bharatiya Nyaya Sanhita, 2023 (hereinafter referred as ‘BNS’)

3. Learned counsel for the petitioner submits that from a bare reading of the FIR, no allegations constituting the offences in question are made out. It is further submitted that the tanker was on its designated route and was carrying all the relevant documents. Learned counsel submitted that the tanker had valid permits, tax invoices, e-way bills and other statutory documents, clearly showing lawful transportation of the product from its source at Gandhidham, Kandla to Bahadurgarh, District Jhajjar, Haryana. The alleged place i.e. village Janglu Police Station Panchu, from where the tanker was seized is as per the FIR itself two kilometers from the main road, and is on the highway to Haryana and therefore, the tanker was on its designated route and had merely halted at the alleged place, as the driver had stopped to meet someone en route. It is also submitted that the tanker was fully calibrated and all seals were found intact. The Deputy Controller of Explosives had duly issued the licence for transportation of Class-A and Class-B petroleum products and the tanker was operating strictly in accordance with the said licence.

4. It is submitted that the present FIR has been registered despite the fact that there was no violation of the provisions of the Essential Commodities Act, 1955 or any provision of the BNS. It is contended that merely because the vehicle was found standing on a ‘kachha’ road, the same by itself does not constitute any offence under Section 3(2)(d) of the Essential Commodities Act or under Section 287 of the BNS.

5. It is also submitted that the FIR contains contradictory statements regarding the movement of the vehicle at the time it was intercepted by the police.

6. Per contra, learned Public Prosecutor has vehemently opposed the prayer made by learned counsel for the petitioner.

7. Learned Public Prosecutor has filed a reply along with the report of investigation dated 03.12.2025. It is submited that although all the documents were found to be intact and even during the course of investigation no tampering with the seals of the tanker was found, nevertheless, the vehicle was found standing on a ‘kachha’ road. It is conte