Allowed

V.Babu (M/40 Years) v. State Represented by

Madras HC13 Dec 2021CRL OP/28900/2017

Case brief

AI extract

What is this about?

Justice N. Sathish Kumar allowed a Criminal Original Petition seeking quashing of criminal proceedings for illegal possession of furnace oil. Relying on a prior order and the Petroleum Act, the Court held that a license is only required for quantities exceeding 45,000 litres, making the continuation of proceedings futile.

What did the court decide?

The Criminal Original Petition was allowed, and connected Criminal Miscellaneous Petitions were closed.

V.Babu (M/40 Years) Vs State… — Constitutional and Fundamental Rights | Madras HC (2021)

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IN THE HIGH COURT OF JUDICATURE AT MADRAS

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Dated: 13.12.2021

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THE HONOURABLE MR.JUSTICE N. SATHISH KUMAR

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Crl. O.P. No. 28900 of 2017 and Crl.M.P.Nos.16352 & 16353 of 2017

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V.Babu, S/o. Venu ... Petitioner

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Versus

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State represented by Deputy Superintendent of Police, CSCID Department, Chennai Sub-Division, Chennai. (Crime No.290/2013-CSCID, Tiruvallur) ... Respondent

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PRAYER : Criminal Original Petition filed under Section 482 of Cr.P.C., to call for the records in C.C.No.158 of 2017 on the file of the Court of Judicial Magistrate No.I, Tiruvallur and quash the same.

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For Petitioner : Mr.S.Sathish Rajan

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For Respondent : Mr.R.Kishore Kumar, Govt. Advocate (Crl. Side) O R D E R

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This Criminal Original Petition has been filed to quash the final report filed under Sec.2(f)(iv)(v)(vi) 2(I) of Motor Spirit and High Speed Diesel Regulation of Supply Distribution and Prevention of Malpractice Order 2005, r/w 7(i) a (ii) of EC Act and 285 I.P.C. in C.C. No. 290 of 2013 on the file of Judicial Magistrate No.I, Tiruvallur.

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It is the case of prosecution that on 20.10.2013, the Investigation Officer found the accused with possession of black colour furnace oil without any license, which was stored in his place and about 6000 litres of furnace oil were found in the premises of the accused, thereby, the prosecution has been lodged against the petitioner.

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https://hcservices.ecourts.gov.in/hcservices/

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Mr.S.Sathish Rajan, learned counsel appearing for petitioner would submit that the possession of 6000 litres of furnace oil is not required any license as per Sec.7 (ii) of Petroleum Act, 1934. In this aspect, in the previous occasion, this Court has already held that the total quantity of furnace oil of petroleum products not exceeding 45000 litres, license is not required under the Act. Hence, the prosecution cannot lie against the petitioner.

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The learned Government Advocate (Criminal side) appearing for the State would submit that as per Sec. 7(ii) of Petroleum Act, if the total quantity in his possession exceeds 45000 litres and such petroleum products transported or stored in accordance with the rules only required license. From the final report, it would indicates that the accused is in possession of only 6000 litres of furnace oil. In this regard, this Court by an order dated 25.02.2014 in Crl.O.P.Nos.21121, 21941, 21944 of 2013 has held in para 8 as follows :-

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“8. Learned Additional Public Prosecutor placed additional material before this court, by way of communication from the Indian Oil Corporation Ltd., addressed to the Investigating Officer, dated 19^th February 2014, under communication reference No.SRQC/227/Gen. The said communication informs that Furnace oil is an inflammable petroleum product, consisting of mixture of heavier hydrocarbons and used primarily for oil fired industrial furnaces and boilers.

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This communication in effect, undoes the case of the prosecution regards attraction of offence under Section 2 (f)(iv)(v)(vi) of Motor Spirit and High Speed Diesel (Prevention of Supply, Distribution and Prevention of Malpractices) Order 2005 and consequential offence under Section 7(i)(a)(ii) of E.C.Act, 1955. The communication specifically informs that furnace oil is covered by Bureau of Indian Standard's Specification No.IS 1593, High Speed diesel, as we already have noted, falls within the Bureau of Indian Standard's Specification No.IS 1460. It is common knowledge that petrol and diesel are fuels used to drive motor vehicles.

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With any hesitation, we may state that furnace oil cannot be used for such purpose. For the aforesaid reason, we would quash the First Information Report in crime No.198 of 2013 insofar as registration of offence under Section 2(f)(iv)(v)(vi) of Motor Spirit and High Speed Diesel (Prevention of Supply, Distribution and Prevention of Malpractices) Order 2005 r/w 7(1)(a)(ii) of

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https://hcservices.ecourts.gov.in/hcservices/

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E.C. Act, 1955 is concerned.”

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In view of the above decision and Sec.7(ii) of Petroleum

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Act also clearly indicates that the license is required only if he is in possession of more than 45000 litres of petroleum products. In such view of the matter, the continuation of the prosecution itself appears to be waste of time and futile exercise. Hence, this Court is inclined to quash the proceedings in C.C.No.158 of 2017 on the file of learned Judicial Magistrate No.I, Tiruvallur. Accordingly, this Criminal Original Petition is allowed. Consequently, connected Criminal Miscellaneous Petitions are closed.

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Sd/-

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Assistant Registrar(CS III)

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//True Copy//

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Sub Assistant Registrar

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rpp

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