FIR for offences under Sections 420 & 120B of IPC and Sections 3 & 7 of the EC Act, 1955 for sale of hydrocarbon mixture as petrol or diesel –
On 7.10.2021, BPCL issued invoices in the name of MP Bombay Auto Service Petrol Diesel Pump owned by appellant no.3 for sale and transportation of 9 kilolitres each of petrol and diesel through a particular tanker.
The fuel was shifted to another tanker due to valve failure in the original tanker. However, the police intercepted the truck while uploading the subject fuel at the petrol pump of appellant no.3 on 11.10.2021.
The disclosure statements of the appellant no.1 driver and the appellant no.2 Management of Shivam Industries were recorded. The truck was seized and samples were collected.
The charge-sheet was filed on 11.2.2022 that hydrocarbon mixture was found in the seized tanker and sold as petrol or diesel by the appellants
However, the test report dated 19.10.2021 of Quality Assurance Laboratory, Mangliya Depot, Indore of BPCL, confirmed that the samples fulfilled the HSD specifications.
Expert Report of BPCL laboratory was not submitted. The expert opinion that the liquid was neither petrol nor diesel but hydrocarbon mixture was not placed on record.
Unless there is material forming part of the charge-sheet to show the nature of liquid, no offence is made out. Hence, continuation of the prosecution will be an abuse of the process of law.
Judgment dated 24.11.2023 in Suresh & Others Vs. State of Madhya Pradesh in Criminal Appeal No.3512 of 2023
