IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.8440 of 2010 RADHA MOHAN PRASAD YADAV @ RADHA MOHAN PRASAD, SON OF SRI LOCHAN PRASAD YADAV, RESIDENT OF VILLAGE KADAMAWA, YADAV TOLA, P.S. GHORASAHAN, DISTRICT EAST CHAMPARAN. --- PETITIONER Versus THE STATE OF BIHAR --- OPPOSITE PARTY For the petitioner :- Alok Kr. Agrawal, Advocate For the State :- Mr. Jharkhandi Upadhyay, A.P.P. ----------- 2 21.5.2010 The petitioner is a nozzle man of Bhartia Petrol Pump. The allegation is that one Ram Babu Sah and Manoj Yadav were carrying altogether 240 liters of Diesel on a cycle in a container. The cycle and the Diesel were seized from the possession of the aforesaid two persons. It is further alleged that Ram Babu Sah and Manoj Yadav disclosed that they had purchased the said Diesel oil from Bhartia Petrol Pump and were taking it to Nepal to sell at a higher price. The petitioner is not the owner of the Petrol Pump nor is he the person responsible for carrying the Diesel oil. The petitioner is merely an employee in the said Petrol Pump beingthe nozzle man who does the work of filling petrol tanks, containers etc. Under these circumstances, it cannot be said that the petitioner was responsible or that the allegations under Section 7 of the Essential Commodities Act are made out against this petitioner. Learned counsel for the state on the other hand argues that even if it is accepted that as per Clause 7 of the Bihar Motor Spirit and High Speed Diesel Oil Dealers Licensing Order, 1966, there is a bar of keeping excess of 400 Liters. Moreover no person would be justified in carrying Diesel Oil across the border to sell it at a higher 2 price. These facts will be subject to the evidence collected by the Officer Incharge investigating the case. However, this petitioner is not responsible for either carrying the Diesel across the border nor was he found on the spot and there is no material to support that any offence is made out against this petitioner. In the result, I quash the order dated 2.12.2008 and 4.1.2010, passed by Sub-divisional Judicial Magistrate, Sikarhana, Motihari in Ghorasahan P.S. Case No. 122 of 2008. This application is allowed. Sanjay (Sheema Ali Khan, J.)