Legal Eagle Question 1 - Adulteration of Petrol

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Legal Eagle Question 1 - Adulteration of Petrol

Postby admin » Wed Sep 16, 2009 11:12 am

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A, the licensee of a petrol pump, and his 9 yr old brother are caught adulterating petrol in an underground storage. What offence is committed by A and his brother?

What should be the approach of the prosecution and defense lawyer to turn the case in their favor?
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Re: Legal Eagle Question 1 - Adulteration of Petrol

Postby sumansinha » Tue Jun 08, 2010 5:52 pm

If a dealer of Petrol makes adulteration of petrol, he contravenes the provisions of Clause 3 ( 6 ) of the Motor Spirit and High Speed Diesel ( Regulation of Supply And Distribution And Prevention Of Mal-Practices ) Order,2005 which is penal under section 7 of The Essential Commodities Act 1955. His brother aged 9 years can not be prosecuted under the Control Order.
In order to eslablish the guilt the sample of the allegedly adultrated Petrol has to be sent to the to the laboratories listed in Schedule III of the Motor Spirit and High Speed Diesel (R.S.D and Mal practices) Order 2005. and the report of the laboratory showing adulteration in the petrol sample should be exhibited in prosecution evidence.

The search and seizure should be conducted by any Gazetted Officer of the Central govt. or a State Govt. or any police officer not below the rank of Deputy Suprintendent of Police under clause 7 of the Order of 2005, if the search and seizure has not been made by a competent person , it renders the prosecution bad in law and entire prosecution case vitiates.
If the sample has not been taken in accordence with the provisions of Clause 8 ,the accused will get benefit and he shall be acquitted in the case.

From - Suman Kumar Sinha
Advocate,Purnea
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Re: Legal Eagle Question 1 - Adulteration of Petrol

Postby admin » Tue Jun 08, 2010 7:43 pm

Good answer, Adv. Suman! How about IPC? Isn't there any section in IPC that can be applied? And why the brother cannot be charged?
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Re: Legal Eagle Question 1 - Adulteration of Petrol

Postby shekhawat » Wed Jun 09, 2010 1:35 am

Central Government for the first time came out with Motor Spirit and High Speed Petrol (Prevention of Malpractices in supply and Distribution) Order 1990 in order to deal and check offence of malpractices like adulteration.. In the year 1998 & 2005, the Central Government by G.S.R. No. 772 (E) dated 1998, made further amendments and in exercise of power conferred under Section 3 of the E.C. Act came out with Motor Spirit and High Speed Diesel (Regulation of supply and Distribution and Prevention of Malpractices) Order, 1998 & 2005. These order deals with malpractices which includes adulteration, pilferage, stock variation, unauthorised exchange, unauthorised sale, unauthorised possession, over charging and sale of off specification product.
Adulteration has been defined under Section 2(a) of this order in following terms" adulteration means the introduction of any foreign substance into motor spirit/high speed diesel illegal or unauthorisedly with the result that the product does not conform to the requirement and specification of the product indicated in Schedule-I.
Section 4 of the 1998 Orders authorises any Gazetted officer of the Central or State Government or any Police Officer not below the rank of Deputy Superintendent of Police duly authorised, by general or special order by the Central Government or State Government as the case may be or any Officer of the concerned Oil Company not below the rank of Sales Officer, to enter and search any place or premises being used or suspected to be used by a dealer, transporter, consumer or any other person who is an employee agent of such dealer/transporter/consumer or any other person, to stop and search any person or vehicle inspect books of account or other documents, to take samples of the product and/or seize any of the stocks of the product which the officer has reason to believe has been or is being or is about to be used in contravention of this order. From 1998 Order it is evident that [b]only authorised Gazetted officer not below the rank of Dy. S.P. or the person mentioned under Section 4 may with view to securing compliance of the provisions of this order can enter, search and take samples of the products in compliance of provisions of Section 100 of the Cr.P.C. relating to search and seizure.[/b] These are the ground defence may used..
In the present case though brother of dealer above 7 years but he can not be prosecuted untill it is not established that he has attained sufficient maturity of understanding to judge of the nature and consequences of his conduct on that occasion. Also Motor Spirit and High Speed Petrol (Prevention of Malpractices in supply and Distribution) Order 2005 makes no person other than the Dealer or Oil Company or their agent liable.
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Re: Legal Eagle Question 1 - Adulteration of Petrol

Postby jamie-law » Thu Aug 12, 2010 9:04 pm

Thanks for the useful information
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sections applicable

Postby rahultanwar123 » Wed Apr 27, 2011 11:41 pm

Sections applicable for whoever does adulteration of petrol
1. section 420, Indian Penal Code for cheating
2. section 7 read with section 3 of the Essential Commodities Act, 1955
3. Section 2 of the Motor Spirit and High Speed Diesel (Regulation of Supply, Distribution and Prevention of Malpractices ) Order, 1998

& whereas the adulterated petrol is dangerous too so he will be booked u/s 285 of IPC that is “Dealing with life or any combustible matter so as to endanger human lige etc”
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