Criminal Misc. No. M-26303 of 2008 1 In the High Court of Punjab and Haryana, at Chandigarh. Criminal Misc. No. M-26303 of 2008 Date of Decision: 19.1.2009 Pardeep Singh …Petitioner Versus State of Punjab …Respondent CORAM: HON’BLE MR. JUSTICE KANWALJIT SINGH AHLUWALIA. Present: Mr. Narinder Singh, Advocate for the petitioner. Mr. Anter Singh Brar, Deputy Advocate General, Punjab, Advocate for the petitioner. Mr. Atul Nehra, Advocate for the Hindustan Petroleum Company, Jalandhar. Kanwaljit Singh Ahluwalia, J. (Oral) The present petition has been filed under Section 438 Cr.P.C. seeking pre-arrest bail of the petitioner in case FIR No. 117 dated 13.9.2008 registered at Police Station Khuhian Sarwar, Ferozepur, under Sections 420 & 120-B IPC and Section 7 of the Essential Commodities Act. The case set out by the Investigating Agency is that from the petrol pump of the petitioner known as “Hamara Petrol Pump” diesel oil mixed with kerosene oil is sold, thus, there is a violation of order issued under the Essential Commodities Act. Criminal Misc. No. M-26303 of 2008 2 Counsel for the petitioner in the present petition has stated that the petitioner was not present at the spot; his Manager and another employees have been arrested and they have been released on regular bail. On the last date, a Co-ordinate Bench of this Court had issued notice to the Regional Office, Hindustan Petroleum Company, Jalandhar, for filing the affidavit. In pursuance of the said order, Mr. S.K. Soni, Senior Regional Manager, Hindustan Petroleum Corporation Limited, Regional Office, Suchi Pind, Jalandhar, has filed an affidavit. It is therein stated that the samples were taken from the two tanks of the petrol pump and the same have tested positive and there is no adulteration. Mr. Anter Singh Brar, learned Deputy Advocate General, Punjab, appearing for the State, on instructions from Hari Chand, Assistant Sub inspector, has placed on record a report of the Forensic Science Laboratory, Punjab, Chandigarh, in which it has been found that the contents of the bottle contained kerosene. Mr. Brar further states that the custodial interrogation of the petitioner is required. In the present petition, two arguments have been raised. Firstly that petitioner was not present at the spot, therefore, his employees have been arrested. They may be responsible for crime and not the petitioner as vicarious liability cannot be fastened upon him. Second argument raised is that custodial interrogation of the petitioner is not required as it is not found that the kerosene was mixed with the diesel. Therefore, offence, if any, made out at this stage, do not require custodial interrogation of the petitioner as the facts are to be proved Criminal Misc. No. M-26303 of 2008 3 during the course of trial. Even if these two contentions of counsel for the petitioner are accepted, mixture of kerosene oil with the diesel damage the vehicles which are being plied as the customers, on trust, purchase diesel, therefore, taking into consideration nature of offence, custodial interrogation of the petitioner is required. It is to be determined whether kerosene oil used for the adulteration was from subsidized Public Distribution System or not. No merits. Dismissed. In case petitioner surrender before the trial Court on or before 31.1.2009, his regular bail application shall be decided within two days after police remand is over. (Kanwaljit Singh Ahluwalia) Judge January 19, 2009 “DK”