IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.8866 of 2009 1. HAJI GHULAM RASUL, SON OF LATE HAJI ZAINUDDIN, RESIDENT OF ZERO MILE, ARARIA, P.S. AND DISTRICT ARARIA. 2. BASUDEO BAITHA, SON OF LUGRU BAITHA, PROPRIETOR OF NATIONAL OIL AGENCY, KOKIHAT, P.S. JOKIHAT, DISTRICT ARARIA. ---- PETITIONERS Versus THE STATE OF BIHAR ---- OPPOSITE PARTY ----------- 3 8.1.2010 Heard the parties. Petitioner no. 1 is the owner of a petrol pump (National Service Centre, Zero Mile, Araria). A tanker was found parked in the premises of the said petrol pump. The informant who is the Supply Officer instituted a case alleging that the tanker which was parked at the petrol pump was involved in converting the K.Oil into Diesel and it was further suspected that the petitioner was adulterating Diesel/Petrol. On the basis of the aforesaid suspicion, petrol pump of the petitioner no. 1 was sealed; samples of K.Oil and Diesel were also taken from the petrol pump as well as from the tanker and sent for testing to the appropriate laboratory. A confiscation proceeding was also instituted with respect to the tanker and the contents of the tanker. The petitioners filed a writ application and this Court ordered that the petrol pump should be unsealed. As far as the confiscation proceeding is concerned, the District Judge has set aside the order passed in the confiscation proceeding in Confiscation Appeal No. 1 of 2008 dated 24.10.2008 and subsequently the tanker was released in favour of petitioner no. 1 who is the owner of the tanker and the contents were released in favour of petitioner no. 2. A counter affidavit has been filed on behalf of the 2 respondent, the Marketing Officer, Araria in which the facts stated in the First Information Report have been repeated. I may state here that in the mean time, the Indian Oil Corporation Limited, Marketing Division carried out a quality checking of the seized K.Oil, Diesel from the petrol pump and the tanker which were subject matter of the First Information Report. The report indicates that K.Oil and Diesel was not adulterated. In fact it was one of the facts which weighed with the Sessions Judge while reversing the order of the District Magistrate dated 6.6.2008 in the confiscation proceeding. Counsel for the opposite party submits that he petitioner has filed this case for quashing of the First Information Report whereas the investigation is yet to be completed. The petitioner has filed supplementary affidavit today in Court to show that charge sheet has been submitted against the petitioners under Section 420, 120B of the Indian Penal Code and Section 7 of the Essential Commodities Act. Considering the entire facts and the materials which are part of the record, this Court does not find that any case is made out under Section 420/120B of the Indian Penal Code. There is no element of cheating in this case. Reports of the Chemical Analyst show that the samples of K.Oil and Diesel seized were not adulterated and as such it is wrong to assume that the petitioners would be guilty of an offence under Section 7 of the Essential Commodities Act. In the result, I quash the entire proceedings of Araria P.S. Case No. 152 of 2008. This application is thus allowed. Sanjay (Sheema Ali Khan, J.)