HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR S.B. Criminal Miscellaneous (Petition) No. 8311/2025

1. Ramesh Kumar S/o Aasharam, Aged About 25 Years, Resident Of Gomavali Ramsinghpur Tehsil Anupgarh District Sri Ganganagar

2. Sunil Kumar S/o Amarchand, Aged About 30 Years, Resident Of Gomavali Ramsinghpur Tehsil Anupgarh District Sri Ganganagar

3. Dalip Kumar S/o Hetram, Aged About 30 Years, Resident Of Gomavali Ramsinghpur Tehsil Anupgarh District Sri Ganganagar ----Petitioners Versus State Of Rajasthan, Through Pp ----Respondent For Petitioner(s) : Mr. Sumer Singh Gour Mr. Shaitan Singh For Respondent(s) : Ms. Sonu Manawat, PP HON'BLE MR. JUSTICE BALJINDER SINGH SANDHU

Order

10/03/2026

1. The present criminal misc. petition has been filed by the petitioners under Section 528 BNSS for quashing of FIR No.208/2025 registered at Police Station Panchu, District Bikaner for the offences under Sections 3/7 of the Essential Commodities Act, 1955 and Section 287 of the Bharatiya Nyaya Sanhita (hereinafter referred as ‘BNS’ act).

2. In the present case, a pickup vehicle bearing registration No. RJ-13-GC-3691 was intercepted by the police authorities near Toll Plaza Panchu on the Bharatmala Expressway. Upon inspection, nine plastic drums, each having a capacity of 220 liters, total 1980 liters were found loaded in the said vehicle. The total quantity of the liquid substance allegedly seized from the petitioners was approximately 1980 liters. It has been alleged that the said drums contained petroleum product and that the petitioners were transporting the same without any valid license or permit. On the basis of the said allegation, the impugned FIR came to be registered against the petitioners for the offences under Sections

3/7 of the Essential Commodities Act and Section 287 BNS.

3. So far as the offence under Section 287 of the BNS is concerned, the said provision deals with negligent conduct with respect to machinery or hazardous substances so as to endanger human life or personal safety of others. For ready reference, Section 287 BNS reads as under:-

“287. Negligent conduct with respect to fire or combustible matter.—Whoever does, with fire or any combustible matter, any act so rashly or negligently as to endanger human life, or to be likely to cause hurt or injury to any other person or knowingly or negligently omits to take such order with any fire or any combustible matter in his possession as is sufficient to guard against any probable danger to human life from such fire or combustible matter, shall be punished with imprisonment of either description for a term which may extend to six months, or with fine which may extend to two thousand rupees, or with both.”

4. Learned counsel for the petitioners has laid challenge to the present FIR primarily on two grounds. Firstly, it is contended that the seizure in the present case has been carried out by the police authorities, whereas in view of the Notification dated 10.04.2006 issued by the State Government under the relevant Control Orders, the authority competent to effect seizure of petroleum products shall not be below the rank of Additional District Supply Officer (ADSO) in the Department of Food and Civil Supplies. It is submitted that since the seizure in the present case has been effected by police officials who are not competent under the relevant Control Orders, the entire seizure proceedings are illegal and without jurisdiction.

5. Secondly, learned counsel for the petitioners submits that even otherwise the quantity allegedly seized from the petitioners is 1980 liters only. Under the Petroleum Products (Maintenance of Production, Storage and Supply) Control Order, 1999, a person is permitted to possess and transport petroleum products up to 2500 liters, in the present case is 1980 litres. Therefore, it is contended that the alleged quantity being within the permissible limit, no offence under Section 3/7 of the Essential Commodities Act is made out against the petitioners.

6.