Case Note & Summary
The case involves two criminal applications filed under Section 482 of the Code of Criminal Procedure, 1973, seeking quashing of FIR No.1203 of 2021 dated 23.12.2021 and the Final Report dated 04.10.2022 in RCC No.1242 of 2022, registered with Khadan Police Station, Akola. The FIR alleged offences under Sections 188, 285 read with Section 34 of the Indian Penal Code, 1860, under Sections 3 and 7 of the Essential Commodities Act, 1955, under Sections 3 and 4 read with Section 23 of the Petroleum Act, 1934, and under the Motor Spirit and High Diesel (Regulation of Supply, Distribution and Prevention of Malpractice) Order 2005 and Amendment Order 2017. The applicant in Criminal Application (APL) No.555 of 2022, Abhay Anup Rathi, is alleged to be the owner of a seized product purporting to be bio-diesel or a petroleum product, and the three applicants in Criminal Application (APL) No.695 of 2022 are daily wagers and driver of a tanker in which the product was stored. The applicants contended that bio-diesel is not an essential commodity under the Essential Commodities Act, 1955, nor a petroleum product under the Petroleum Act, 1934, and the Motor Spirit and High Diesel Order 2005 does not apply to bio-diesel. They also argued that the ingredients of Sections 188 and 285 IPC are not made out. The State opposed the applications, arguing that the product was seized and samples were sent for analysis, and the matter required trial. The court analyzed the definitions under the relevant Acts and Orders and held that bio-diesel is not an essential commodity under the Essential Commodities Act, 1955, nor a petroleum product under the Petroleum Act, 1934, and the Motor Spirit and High Diesel Order 2005 does not apply to bio-diesel. The court also found that the FIR did not disclose the ingredients of Sections 188 and 285 IPC. Consequently, the court allowed both applications and quashed the FIR and Final Report.
Headnote
A) Criminal Procedure Code - Quashing of FIR - Section 482 CrPC - Inherent Powers - The court examined whether the FIR and Final Report alleging offences under the Essential Commodities Act, 1955, Petroleum Act, 1934, and IPC for possession and sale of bio-diesel should be quashed. Held that bio-diesel is not an essential commodity under the Essential Commodities Act, 1955, nor a petroleum product under the Petroleum Act, 1934, and the Motor Spirit and High Diesel Order 2005 does not apply to bio-diesel. Consequently, the FIR and Final Report were quashed. (Paras 1-15) B) Essential Commodities Act - Applicability - Bio-diesel - The court considered whether bio-diesel falls within the definition of essential commodities under the Essential Commodities Act, 1955. Held that bio-diesel is not declared an essential commodity under the Act, and the Essential Commodities Act, 1955 does not apply to bio-diesel. (Paras 8-10) C) Petroleum Act - Applicability - Bio-diesel - The court examined whether bio-diesel is a petroleum product under the Petroleum Act, 1934. Held that bio-diesel is not a petroleum product as defined under the Act, and the Petroleum Act, 1934 does not apply to bio-diesel. (Paras 11-12) D) Indian Penal Code - Sections 188 and 285 - Applicability - The court considered whether the ingredients of Sections 188 and 285 IPC are made out. Held that Section 188 IPC requires disobedience of an order duly promulgated by a public servant, and Section 285 IPC requires a negligent act likely to spread infection of disease dangerous to life. The FIR did not disclose these ingredients. (Paras 13-14)
Issue of Consideration
Whether the FIR and Final Report alleging offences under the Essential Commodities Act, 1955, Petroleum Act, 1934, and Indian Penal Code for possession and sale of bio-diesel can be quashed under Section 482 CrPC on the ground that bio-diesel is not an essential commodity or petroleum product.
Final Decision
Both criminal applications are allowed. FIR No.1203 of 2021 dated 23.12.2021 and Final Report dated 04.10.2022 in RCC No.1242 of 2022 are quashed.
Law Points
- Quashing of FIR under Section 482 CrPC
- Essential Commodities Act not applicable to bio-diesel
- Petroleum Act not applicable to bio-diesel
- Motor Spirit and High Diesel Order 2005 not applicable to bio-diesel
- Offence under Section 188 IPC requires disobedience of order by public servant
- Offence under Section 285 IPC requires negligent act endangering human life
