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Judgment
Prashant Kumar, J.
This application has been filed for quashing the FIR in connection Kasmar P.S. Case No. 63/2013 dated 3.8.2013 instituted under Section 7 of the E.C. Act. It is alleged that petitioner had kept 3530 litres of kerosene oil in his own land with intention to sell it in the black-market. It appears that the Supply Inspector, Kasmar seized the said kerosene oil and prepared seizure list.
It is submitted by learned counsel for the petitioner that petitioner is not a P.D.S. dealer, nor the aforesaid kerosene oil recovered from his possession. Therefore, no case under Section 7 of the E.C. Act made out against him.
Having heard the submissions, I have gone through the records of the case.
It appears that there is direct allegation in the FIR that petitioner had kept 3530 litres of kerosene oil in his own land for selling it in the blackmarket. As per Public Distribution System (Control) Order, 2001, a person can sell kerosene oil after obtaining licence.
Admittedly, petitioner hnd no licence for the sell of kerosene oil. In that view of the matter, if petitioner kept 3530 litres of kerosene oil in his land for sell in the blackmarket, the same is violative of the Public Distribution System (Control) Order, 2001. Thus, prima facie offence under Section 7 of the E.G. Act made out. In that view of the matter, I am not inclined to interfere with the FIR and the investigation. Accordingly, this application is dismissed.