Case Note & Summary
The petitioner, Sadiq Pasha, a licensed transporter of diesel and operator of SWS & Sons Petrol Bunk, challenged the FIR in Crime No.137/2022 registered by Nangali Police Station for offences under Section 285 IPC, Section 7 of the Essential Commodities Act, 1955, and Clause 3 of the Motor Spirit and High Speed Diesel (Regulation of Supply, Distribution and Prevention of Malpractices) Order, 1998 (wrongly mentioned as Petroleum Rules, 2002). The FIR alleged that on 15-09-2022, the Police Sub-Inspector, on patrolling duty, received credible information about illegal transportation of diesel in a lorry belonging to the petitioner's bunk. Upon interception, the driver fled, and inspection revealed diesel loaded in the tanker. The petitioner sought quashing of the FIR under Section 482 CrPC. The High Court held that the Essential Commodities Act provides a complete mechanism including Section 6A for confiscation and adjudication, and no prosecution under Section 7 can be initiated without prior sanction under Section 6A. Since no such sanction was obtained, the FIR and all proceedings were quashed. The court did not examine the merits of other offences as the lack of sanction vitiated the entire prosecution.
Headnote
A) Criminal Procedure - Quashing of FIR - Section 482 CrPC - Lack of Sanction - FIR for offences under Section 285 IPC, Section 7 Essential Commodities Act, and Clause 3 Motor Spirit Order quashed as no sanction under Section 6A of the Essential Commodities Act was obtained, which is a mandatory prerequisite for prosecution. (Paras 1-8) B) Essential Commodities Act - Sanction - Section 6A - Mandatory Requirement - Prosecution under Section 7 of the Essential Commodities Act cannot proceed without prior sanction under Section 6A, as the Act provides a complete mechanism for adjudication and confiscation. (Paras 5-8) C) Petroleum Rules - Motor Spirit Order - Clause 3 - Applicability - The FIR wrongly mentioned Petroleum Rules, 2002, but the correct provision is Clause 3 of the Motor Spirit and High Speed Diesel (Regulation of Supply, Distribution and Prevention of Malpractices) Order, 1998; however, the proceedings are quashed on the ground of lack of sanction. (Paras 1, 8)
Issue of Consideration
Whether the FIR and proceedings can be quashed for want of sanction under Section 6A of the Essential Commodities Act, 1955, and whether the offences under IPC and Motor Spirit Order are sustainable without such sanction.
Final Decision
The High Court allowed the petition and quashed the FIR in Crime No.137/2022 of Nangali Police Station and all proceedings pending before the Additional Civil Judge (Jr.Dn) and JMFC, Mulbagal, Kolar District.
Law Points
- Sanction under Section 6A of Essential Commodities Act is mandatory for prosecution
- FIR quashed for lack of sanction
- Section 482 CrPC inherent powers
