1 2025:CGHC:14084 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRCA No. 398 of 2025 Anil Kumar Shrivastava S/o Late Shivsharan Lal Shrivastava Aged About 64 Years R/o OfÏcers Colony Godaripara, Police Station Chirmiri, District Manendragarh-Chirmiri-Bharatpur, Chhattisgarh. ... Applicant versus State Of Chhattisgarh Through Police Station Chirmiri, District Manendragarh-Chirmiri-Bharatpur, Chhattisgarh. ---- Non-Applicant For Applicant : Mr. Hemant Kumar Agrawal, Advocate. For Non-Applicant : Ms. Supriya Upasane, Govt. Advocate. Hon'ble Mr. Ramesh Sinha, Chief Justice Order On Board 24/03/2025 1. This anticipatory bail application under Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023 has been filed by the applicant, who is apprehending his arrest in connection with Crime No. 32/2025 registered at Police Station – Chirmiri, District - Manedragarh-Chirmiri-Bharatpur (MCB) (C.G.) for the offence punishable under Sections (3)(7) of the Essential Commodities Act, 1955 and 287 of BNS. (as per the FIR) 2. Prosecution case in brief is that on 02.02.2025 at night while town KUNAL DEWANGAN Digitally signed by KUNAL DEWANGAN 2 patrolling, the diesel like oil was found loaded in a Tanker vehicle No. G.J.-12-C.T.-1812 laying abandoned near Guru Nanak Chowk Godaripara Chirmiri. The Investigating OfÏcer registered an Istigasa No. 03/2025 under Section 106 BNSS, during investigation the driver of Tanker told to the Investigating OfÏcer that he brought diesel fuel from Gujarat for Super Hightech Company Camp Bartunga. It was found that Super Hitech Company had ordered huge quantity (37,432 Liters) of fuel from Gujarat State for use without giving prior information to any competent authority. While the company has not proper storage capacity and diesel like fuel was transported negligently manner. The FIR was registered u/s (3) (7) of The Essential Commodities Act,1955 & 287 of the BNS on 20.02.2025. 3. Learned counsel for the applicant submits that the present applicant is innocent and he has been falsely implicated in this case. He further submits that the applicant was a manager at mines of SECL and after retirement he is working as a supervisor in the Super Hitech Engineering & Construction Company. He had not taking any role for the transportation of the fuels like as diesel. The South Eastern Coalfields Ltd awarded a contract to M/s Krishna Infrastructure for excavation coal & OBR (removal of over burden) value of Rs. 6,00,05,92,832/- (Rupees Six Hundred Crore Five Lakh Ninety Two Thousand Eight Hundred Thirty Two and Paisa Seventy Only) at Chirmiri open cast mine Chirmiri, Police Station Chirmiri, District Manendragarh Chirmiri Bharatpur (C.G.). He further submits that the Super Hitech Engineering & Construction 3 Company (herein after referred "purchaser company") legally purchased seized distilled fuel oil (36543 Liter) from the VDC OIL Limited Company on 20.01.2025. The purchaser company paid Rs. 28,91,979/- (Twenty Eight Lakh Ninety One Thousand Nine Hundred Seventy Nine Rupees) with including GST amount Rs. 4,40,708.58 (Four Lakh Forty Thousand Seven Hundred Eight & Fifty Eight Paise Rupees) for the execution of aforesaid awarded work. The purchaser company has been purchasing regularly distilled fuel oil from the VDC OIL Limited Company Navi Mumbai (Maharashtra), the vehicle (Tanker) No. G.J.-12-BZ-8121 in which the oil was being brought was as duly certified Tanker. He also submits that the components/ingredients the purchased Distilled Fuel Oil and diesel are different different the seized distilled fuel oil (like diesel) is only useful for industrial use which is not diesel but is like diesel therefore provisions of The Essential Commodities Act 1955 not attracted in the present case. As per notification of extraordinary Chhattisgarh Gazette dated 14.11.2024 "Chhattisgarh Motor Spirit and High Speed Diesel Oil (License and Control) Order 1980 is repealed. As Chhattisgarh Raj Patra dated 13 December 2024 "the Chhattisgarh Motor Spirit and High Speed Diesel Oil (License and Control) order, 1980 was repealed. He further submits that in the present case, the basic ingredients of offence under section (3)(7) of the Essential Commodities Act, 1955 are missing therefore no any offence made out against the applicant or company for purchasing of Distilled Fuel Oil (like diesel) and the FIR was registered after 18 days of the so called incident date when the 4 Super Hitech Engineering and Construction Company could not fulfill unlawful wishes, and not came undue pressure of the investigating ofÏcer. He further submits that the purchaser company already paid GST amount 4,40,708.58/- (Four Lakh Forty Thousand Seven Hundred Eight & Fifty Eight Paisa) therefore there has been no loss of revenue of any kind. 4. Learned counsel for the applicant further submits that the applicant is aged about 64 years old person and suffering from many ailments. He further submits that he is entitle to grant anticipatory bail on the basis of judgment of Arnesh Kumar Vs State of Bihar & another on 02 July 2014, and Satender Kumar Antil Vs C.B.I. on 13 February 2024 of the Hon'ble Apex Court. He further submits that the applicant does not has any direct or indirect involvement in the present case. Accordingly, he prays for grant of anticipatory bail in the instant case. 5. On the other hand, learned State counsel opposed the prayer for grant of anticipatory bail to the applicant and submits that from perusal of the case diary, it appears that Super Hi-Tech Engineering and Construction Company, Camp O.C.M., Chirmiri, had illegally ordered 37,432 liters of combustible fuel and procured it in commercial quantities for use. The company did not have adequate storage arrangements for the fuel and when the seized material was tested in the lab, it was not found to be diesel. Therefore, the applicant is not entitled for grant of anticipatory bail. 6. I have heard learned counsel for the parties and perused all of the 5 documents taken on record. 7. Considering the facts & circumstances of the case, submissions of learned counsel for the parties and further the fact that the FIR has been lodged after a delay of 18 days for which no explanation has been offered in this regard further the purchaser company already paid GST amount Rs. 4,40,708.58/- therefore, there has no loss of revenue of any kind and further considering the fact that the applicant is a supervisor in the Super Hitech Engineering and Construction Company, aged about 64 years old, thus at this stage without expressing any opinion on the merits of the case, this Court is of the opinion that the applicant is entitled to be granted anticipatory bail in this case. 8. Accordingly, the instant MCRCA is allowed and it is directed that in the event of arrest of the applicant – Anil Kumar Shrivastava on executing a personal bond with one surety in the like sum to the satisfaction of the arresting OfÏcer, he shall be released on bail on the following conditions:- (a) The Applicant shall not directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him from disclosing such fact to the Court. (b) The Applicant shall not act in any manner which will be prejudicial to fair and expeditious trial. (c) The Applicant shall appear before the trial Court on each and every date given to him by the said Court till disposal of the trial. (d)The Applicant and the surety shall submit a copy of their adhaar card alongwith a colored postcard full size 6 photo having printed the adhaar number on it, which shall be verified by the trial Court. (e)The Applicant shall not involve themself in any offence of similar nature in future. Sd/- (Ramesh Sinha) Chief Justice Kunal