Page No.# 1/5 GAHC010006642025 undefined THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : Crl.Rev.P./10/2025 JAHAR ALI S/O USMAN ALI VILL- PASHUARKHAL PT. III P.S. BILASIPARA, DIST. DHUBRI, ASSAM PIN- 783348 VERSUS THE STATE OF ASSAM REP. BY THE PP, ASSAM Advocate for the Petitioner : MR R A AHMED, MR A ALAM,MR. A A MONDAL,MR M AHMED,MRS R BEGUM,MR. N J DUTTA Advocate for the Respondent : PP, ASSAM, BEFORE HONOURABLE MRS. JUSTICE SUSMITA PHUKAN KHAUND ORDER Date : 04.04.2025 1. Heard learned counsel Mr. N.J.Dutta for the petitioner and learned Addl.Public Prosecutor Mr. K.Baishya for the State respondent. Page No.# 2/5 2. The petitioner Jaher Ali has filed this criminal revision petition under Section 438/442 r/w Section 528 of the BNSS, 2023 challenging the order dated 11.12.2024 passed in connection with Petition No. 5809/2024 in connection with Goalpara PS Case No. 139/2024 for custody of 21 drums of petroleum products. An FIR was lodged with the police at Goalpara P.S. contending inter-alia that on 17.10.2024 at about 7.30 pm, during a Naka checking, the informant along with police staff halted one truck bearing registration No.AS28C-9878 Ultra T7. The truck was proceeding from Bongaigaon towards Goalpara. After checking the truck, 21 drums of suspected petroleum products were found in the truck and after interrogation of the owner of the truck, Hanif Ali and the driver of the truck Abdul Kalam, it was unearthed that the petitioner has committed theft of 21 drums of suspected petroleum product from an unknown place and he sent the drums to one Robiul Islam’s house to sell the drums illegally without any valid documents and verification. Both the driver and the owner of the truck were apprehended and the petroleum products were seized. It is alleged that the petitioner and the other co-accused have been running this illegal business through fake challans. Vide seizure list marked as Annexure-2 of the petition, the loaded drums were seized in connection with this case along with tax invoice and bills of the consignment. The truck bearing registration No. AS28C- 9878 was also seized in connection with this case. On 11.12.2024, learned SDJM (S) Goalpara has dismissed the petition with a prayer of zimma of the articles in this case i.e. 21 drums as well as the aforementioned vehicle. It was also observed by the learned Magistrate that the I.O. report reveals that the vehicle seized in connection with this case was used for commission of offence to illegally transport suspected petroleum products. 3. Aggrieved by the order passed in the Goalpara PS 139/2024, on Page No.# 3/5 11.12.2024, the petitioner is before this Court. It is submitted on behalf of the petitioner that the petitioner had purchased industrial solvent oil from Sikkim Organics, Khasara, Manpur, State-Sikkim and thereafter on 17.10.2024, the petitioner hired the aforementioned truck and loaded it with 21 drums of industrial solvent oil to transfer the same to his another Oil Chemical Industries, A.K.Dev Road, Guwahati. It is further submitted that the petitioner is a businessman and he is the owner / proprietor of Oil Chemical Store, Bilasipara, Dhubri and Oil Chemical Industries at Guwahati. The copies of the Registration Certificate are marked as Annexure-4 (a) of the petition and the tax invoices are marked as Annexure- 3 (a) of the petition. 4. It is submitted that the petitioner has filed goods and service tax for the following financial years 1) 2022-23 2) 2023-24 3) 2024-25 5. The ITR are marked as Annexure 5 and 5 (a) of the petition. It is submitted that as the petitioner is a bonafide purchaser of oil, the learned Magistrate has committed serious illegality in rejecting the zimma petition and as such, the impugned order is liable to be set aside and quashed. 6. It is submitted that oil has been forwarded to the Directorate of Forensic Science for chemical examination and on the ground of awaiting chemical examination report, there has been a delay of handing over the oil to the bonafide owner causing huge loss to the petitioner. The industrial solvent oil seized in connection with the case falls within the definition of Section 2 (bb) of the Petroleum Act. Page No.# 4/5 7. It is further submitted that Section 7 (i) of the Act provides that a person can store or transport petroleum Class-B upto 2005 litres without any license. In the instant case, the petitioner had valid tax invoice of the materials so seized and the police without any authority seized the materials which renders the order dated 11.12.2024 bad in law. 8. It is further submitted that Rule 198 (1) (d) of the Petroleum Rules provides the designation of the officers authorised to deal with such offence relating to such products and seize the same whereas in the instant case, petroleum product was seized by a police officer of the rank of S.I. and thus the impugned order dated 11.12.2024 is liable to the set aside and quashed. 9. Per Contra, learned Addl.P.P. has raised serious objection stating that investigation is still under progress. At this juncture, if the seized articles are handed back to the petitioner, investigation will be adversely affected. The petitioner as alleged has been involved in such illegal activities of transporting petroleum products in this manner. The FSL report is yet to be forwarded. The type of products allegedly transported by the petitioner can be affirmed by the authorised agency as investigation has not been concluded. 10. I have scrutinized the Case Diary and I have heard the submissions at the Bar with circumspection. 11. The incident allegedly occurred on 17.10.2024. There are indeed incriminating materials in the Case Diary against the petitioner. The petitioner has not denied that the petroleum product was being transported by the aforementioned truck. The present petitioner has prayed for zimma of the petroleum products stored in 21 drums. It is true that the Case Diary reveals that the investigation has been basically conducted by an S.I. of Police contrary Page No.# 5/5 to the mandate of Rule 198 of the Petroleum Rules of 2002. But at the same time, this Court is hesitant to hand over the seized industrial solvent oil to the petitioner as investigation is still under progress. It is also true that as per Section 7 of the Petroleum Act, 1934, no licence is needed for transport or storage of limited quantities of petroleum Class-B product if the total quantity in possession of any person at any one place does not exceed 2500 litres and none of it is contained in receptacle which exceeds 1000 litres in capacity. It is submitted that the Class-B product is defined in Section 2 (bb) of the Petroleum Act. There is no confirmed report relating to the exact weight of the petroleum products seized in connection with this case. Case Diary reveals that samples have been drawn and forwarded to the Directorate of Forensic Science (DFS in short). Although it is submitted on behalf of the petitioner that Section 26 of the Petroleum Act authorises department to ascertain petroleum products, yet this Court is hesitant to hand over the seized articles to the petitioner at this stage of investigation. 12. The petition stands rejected at this stage. However, liberty is given to the petitioner to apply subsequently for zimma of the petroleum products afresh. 13. Send back the Case Diary. JUDGE Comparing Assistant