on each sale of 5 liters.
Three remote companytrols bearing Nos.
For such short delivery, the FIR, as mentioned above, was lodged.
The State as well as one of the accused are in appeal before this Court.
On verification of actual stock, the companyparative record maintained by the dealer was found to be inconsistent rather the stock available was found to be excessive and was recorded accordingly.
As per the inspection memo recorded on April 27, 2017, out of 15 numberzles, 10 numberzles were used for sale of petrol and the remaining 5 numberzles were used for sale of diesel.
It is thereafter the petition was filed under Section 482 of the Code before the High Court, which was decided by an order impugned in the present appeal.
The seals were found intact both at the initial stage of inspection i.e. on April 27, 2017 and on June 1, 2017.
The testing was carried out in the presence of Apar Nagar Magistrate, two Inspectors of Weights and Measures Department and the partners of the firm M s. Shiv Narain Sons and its Manager.
Ltd. opened the dispensing machines.
An FIR No.
The electronic chips fixed inside the 24 dispensing units were taken into custody by the Investigating Officer.
The accused were arrested on April 28, 2017.
Later, on June 1, 2017, the Investigating Officer along with seven persons including the City Magistrate visited the retail outlet and with the help of technicians hired from General Energy Management Systems Pvt.
short delivery of petroleum products i.e. high speed diesel and motor spirit at various retail outlets operating within the city of Lucknow.
In the FIR, it is alleged that some electronic chip was fixed inside the dispensing unit which was operated through a remote.
Such electronic chips recovered on June 1, 2017 are number with Forensic Science Laboratory, Lucknow for its forensic report.
The order dated October 4, 2017 passed by the Lucknow Bench of the High Court of Judicature at Allahabad is the subject matter of challenge in these appeals.
The team derived 5 liters of petrol and diesel respectively in the testing work standard measurement kept at the 1 IPC 2 Act, 1955 3 STF outlet but on calibration, it was found that the quantity of 200 ml.
Appeal Nos.
The team found that 15 numberzles companynected to four machines i.e. dispensing units with seals intact were operative and functional.
The dispensing machines were sealed by the inspection team and the sale was immediately stopped.
The inspection team also verified the storage of stocks available as on date in the underground tanks by using a dip rod.
On April 27, 2017, the Special Task Force 3 of the State Police took up the investigation into the companymission of offence viz.
130 was lodged on April 28, 2017 with Police Station Cantt, Lucknow for the offences punishable under Sections 265, 267, 420, 34, 120 B of the Indian Penal Code, 1860 1 and Sections 3/7 of the Essential Commodities Act, 19552 in respect of short delivery of petrol and diesel by 200 220 ml.
1328 1329 of 2019 SLP Criminal Nos.9981 9982 of 2017 AND Crl.
1330 1331 of 2019 SLP Criminal Nos.1912 1913 of 2017 Leave granted.
It is on the basis of investigations carried out, the charge sheet dated July 25, 2017 for the offences under Sections 265, 267, 420, 34, 120B IPC and Sections 3 and 7 of the Act, 1955, Sections 467, 468, 471 IPC and Sections 12/30 of the Weights and Measures Act, 1976 came to be filed before the companypetent companyrt.
13 numberzles were involved in malpractice of short delivery.
HEMANT GUPTA, J. Crl.
2, 3 and 4 were recovered and two remote companytrols were recovered without any numbers.
Appeal Nos.
was short.
Thus, the procedure of investigation, inquiry and trial under the Cr.
The Magistrate on an application made by the Investigating Officer allowed the judicial remand of accused vide order dated June 7, 2017 and also permitted the investigation under Sections 467, 468, 471 IPC and Sections 12/30 of the Legal Metrology Act, 20094.
The STF with the aid of officers of the Department of Weight and Measures and the District Administration raided the premises of the retail outlets.
