IN THE HIGH COURT OF JUDICATURE AT PATNA CrWJC No 767 of 2009 VIJAY KUMAR AGRAWAL SHRI MALIRAM PARSURAMPURIA @ MALIRAM AGRAWAL KOAT BAZAR, P.O., P.S. & TOWN & DISTT.- SITAMARHI Versus 1. THE STATE OF BIHAR 2. THE DIRECTOR, FORENSIC SCIENCE LABORATORY BAILEY ROAD, OPP. GOLF CLUB, PATNA 3. THE REGIONAL DIRECTOR, FORENSIC SCIENCE LABORATORY, BELA, MUZAFFARPUR 4. THE OFFICER IN-CHARGE MEHSAUL OP UNDER SITAMARHI POLICE STATION, DISTT- SITAMARHI 5. THE SUPPLY INSPECTOR, SITAMARHI TOWN AREA, DISTT- SITAMARHI *** For the petitioner : M/s S D Sanjay, Shabina Rubab, Gautam Kejriwal & Gopal Prasad Gupta, Advocates For the S t a t e : Mr Uday Bhanu Roy, GA 4 *** 3 21.12.2009 The petitioner has come for quashing of the criminal proceeding as initiated against him on basis of Sitamarhi (Mehsaul OP) Police Station Case No 104 of 2008 registered on 16.03.2008 under Section 414, Indian Penal Code read with Section 7 of the Essential Commodities Act, 1955. It appears that on 15.03.2008, an inspection was conducted in the industrial unit of petitioner. Petitioner has an industrial unit for manufacturing surgical cotton in the name of M/s Cotex Surgical Corporation in the town and district of Sitamarhi. For continuous power back up, it has a captive diesel generator. On the fateful day, an inspection was conducted by the Supply Inspector, Town Area, Sitamarhi alongwith few Executive Magistrates and alleging that what petitioner had stored as fuel for generator was allegedly blue 2 kerosene oil which is only available under the Public Distribution System, the present criminal case was lodged. The authorities themselves took one sample of the said product and kept it with them. The stocks found were lifted and sold pursuant to orders of Collector, Sitamarhi treating it to be blue kerosene oil. In order to establish that what was seized on the allegation that it was blue kerosene oil, the authorities then sent the seized sample for testing to Forensic Science Laboratory through the Chief Judicial Magistrate, Sitamarhi. The Forensic Science Laboratory analysed the sample and found that it was adulterated diesel oil. On strength of the said report, the present application has been filed by the petitioner stating that the substratum of the case, thus, stands washed out. What was alleged was that petitioner was running his diesel generating set with blue kerosene oil and he had stored a huge quantity thereof which is alleged to have been seized. Petitioner submits that this alleged blue kerosene oil turned out to be adulterated diesel. Thus, the whole allegation that it was kerosene oil purchased from Public Distribution System does not at all stand. If anything, petitioner has been falsely implicated on false allegation. On the other, learned counsel for the State submits that what was seized was blue kerosene oil. What was sampled was blue kerosene oil. What was sent for testing by the Chief Judicial Magistrate was the blue kerosene oil. The report is, thus, obviously wrong. I am afraid the submission is obviously wrong. 3 What is seized is alleged to be blue kerosene oil. What is seized is alleged to be blue kerosene oil. What is sent for testing is alleged to be blue kerosene oil but the result is that it is not blue kerosene oil at all, as alleged. Obviously, it was a false allegation being meted out to falsely implicate the petitioner. State itself cannot challenge the result of testing for it was the State who sampled. It was the State who sought its testing. It was the State who got it tested and it was tested in State’s own laboratory. It does not lie in the mouth of State, now the truth has come out, to challenge the result. On the face of it, this renders the prosecution mala fide in law if not in fact. The prosecution is accordingly, quashed. Police and the Court are restrained in proceeding any further in Sitamarhi (Mehsaul OP) Police Station Case No 104 of 2008 dated 16.03.2008 pending before Chief Judicial Magistrate, Sitamarhi. The writ application is allowed. Petitioner would be at liberty to sue the State for any compensation for malicious prosecution as he may be advised. M.E.H./ (Navaniti Prasad Singh)