Jharkhand High CourtSikash Mahato vs State Of Jharkhand on 19 March, 2012Author:Jaya RoyBench:Jaya RoyA.B.A. No. 146 of 2012



         IN THE HIGH COURT OF JHARKHAND AT RANCHI
                          A.B.A. No. 146 of 2012
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             Sikash Mahto @ Sashi Mahto ...... .....Petitioner
                                      --Versus--
             The State of Jharkhand ..... ..... .....Opposite Party
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             CORAM : HON'BLE MRS. JUSTICE JAYA ROY
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             For the Petitioner     : Mr. Atanu Banerjee, Advocate
             For the State          : APP
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04/ 19.03.2012Heard counsel for the petitioner and the counsel for the State.The petitioner is apprehending his arrest in this case

       registered underSection 420of the I.P.C. andSection 7of the Essential

       Commodities Act, pending in the court of Chief Judicial Magistrate,

       Dhanbad.Counsel for the petitioner has submitted that though the

       petitioner is named in the F.I.R., but there is no material against the

       petitioner to suggest that the petitioner was black-marketing the diesel after

       storing the same and all the allegations made in the F.I.R. are false and

       concocted. It is further contended that the search and seizure made by the

       informant is illegal and not maintainable either in law or in facts. He has

       further contended that according to the Petroleum Products Order 1999,

       which is in force and in view ofSection 9of the Order, the only competent

       persons having power of entry, search and seizure. He has further

       contended that there is no material to say that the petitioner mixed the

       diesel with the kerosene oil as there is no expert opinion regarding the

       collected materials.Counsel for the State has submitted that the Supply Inspector,

       who is the informant of this case, when he raided the commercial

       compound of the present petitioner at Chirudih, in the leadership of

       Additional   Collector   (Supply),   the   driver   of   the   tanker   bearing

       No.JH-10K-0243 was found in the premises and the driver namely

       Rajendra Singh and the khalasi namely Dayanand Singh of the said tanker,A.B.A. No. 146 of 2012were taking out the diesel, and on search of the compound, 1100 liters of

diesel and 500 liters of mixed diesel with kerosene oil, diesel -kerosene oil

mixing machine, pipes, jerkins and other articles were also found,

therefore, the petitioner is not entitled for anticipatory bail.Considering the facts and circumstances of the case and also

considering the fact the 500 liters of mixed diesel with kerosene oil and

diesel -kerosene oil mixing machine and all other articles which were

mentioned in the seizure list, were found in the premises, I am not inclined

to grant anticipatory bail to the petitioner.Accordingly, the prayer for anticipatory bail of the petitioner is,

hereby, rejected.(JAYA ROY, J.)

SI/-