For quashing First Information Report (for short, ‘FIR’) registered against them for offences punishable under Sections 420 and 120B of the Indian Penal Code, 1860 (for short, ‘the IPC’) and Sections 3 and 7 of the Essential Commodities Act, 1955 (Para 1)
The learned counsel submitted that, admittedly, there is no report obtained by the prosecution of any expert agency about the nature of the liquid found in the intercepted truck. Learned counsel invited our attention to the finding recorded in the impugned order, which records that, though samples were sent to the laboratory in charge of BPCL, a report from the laboratory has not been received. He submitted that taking the charge sheet and material therein as correct, there is no material to show the nature of the liquid found in the tanker at the time of its interception. Hence, no offence was made out. (Para 3)
Even as of today, the expert’s report on the nature of the liquid found in the seized tanker has not been produced. The entire foundation of the charge sheet is that there was a hydrocarbon mixture in the seized tanker, which looks precisely like petrol and diesel and smells like petrol and diesel. Along with the charge sheet, the respondent did not produce an expert’s report regarding the precise nature of the liquid in the tanker (Para 8)
SUPREME COURT OF INDIA
2023 STPL(Web) 439 SC
[2023 INSC 1021]
Suresh & Ors. Vs. State Of Madhya Pradesh
Criminal Appeal No. 3512 of 2023-Decided on 24-11-2023
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