9911796707
TMI Blog1976 (1) TMI 188X X X X Extracts X X X X X X X X Extracts X X X X ..... t to the District Magistrate, City Magistrate and other officers sitting in the District Election Office, Allahabad, at 10.30 P. M. on 3rd February, 1969, and reported that M/s. Modern Service Station had supplied diesel oil mixed with kerosene oil to his truck and also to other vehicles meant for election duty. The learned Magistrate, however, after considering the evidence on record arrived at the findings that from the statements of the witnesses examined in the case it was proved that diesel was supplied to the pump of the applicant by Caltex Company who also drew supplies from IOC Depot, that the City Magistrate drew the samples of diesel oil from the pump of the applicant on 3rd February, 1969, and from the trucks of Ram Sajiwan and M ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... case accordingly was that it was possible only when kerosene oil was mixed with it, but as indicated earlier that case against the applicant ended in an acquittal. 3. It further appears that another case out of which the present revision arises had started against the applicant by the police under the orders of the City Magistrate on the allegations that on 3rd February, 1969, during checking of the petrol pump of the applicant it was found that 10 drums of kerosene oil were lying there and that the applicant did not possess any licence for it. The learned Sessions Judge being of the view that this second charge-sheet submitted against the applicant to the effect that ten drums of kerosene oil were lying in the premises of the applicant ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 9;petroleum' also includes 'kerosene' although it is not stated in so many words under the Petroleum Act as to whether kerosene could be said to be a dangerous petroleum. On the other hand common sense gives out that kerosene would be included only in non-dangerous petroleum. As indicated earlier, in view of Section 7 of the Petroleum Act no licence was needed if the quantity of kerosene oil did not exceed five hundred gallons at any one place. It is not disputed that ten drums of kerosene oil were found in the premises of the applicant. The capacity of one drum is equal to less than 50 gallons and hence the said ten drums could not have more than five hundred gallons. Thus, the applicant was not required to obtain a licence for ..... X X X X Extracts X X X X X X X X Extracts X X X X
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