STATE OF U.P. versus O.P. SHARMA

Citation: [1996] 2 S.C.R. 236 · Decided: 06-02-1996 · Supreme Court of India · Bench: K. RAMASWAMY, B.L. HANSARIA, G.B. PATTANAIK · Disposal: Appeal(s) allowed
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Judgment (excerpt)

A 
STATE OF U.P. 
v. 
O.P. SHAR°MA. 
FEBRUARY 6, 1996 
B 
[K. RAMASWAMY, B.L. HANSARIA AND G.B. PATTANAIK, JJ.] 
U.P. Oilseeds and Oil-seeds Products Control Order 1966/Pulses, 
Edible Oil-seeds and Edible oils (Storage Control Order); 
C 
Clause 2(g)/2 (f), 3, 4--Dealel'-Who is-Even a person who is engaged 
in the business of purchasing oils or oilseeds for the purpose of using them 
in other commercial products when. he stores the quantity in excess of the 
limits prescribed by the orders. 
D 
Code of Criminal Procedure, 1973: 
S.482-fnherent power-£xercise of-High Court should be loathe to 
inteifere at the threshold to thwart the prosecution-Should allow law to take 
its own course. 
State of A.P. v. Abdul Bakhi and Bros., [1964) 7 SCR 764; State of 
E Himachal Pradesh v. Prithi Chand & Anr., [1995] 6 Suppl.; State of Bihar v. 
F 
Rajendra Agarwala, [1996) 1 SCR and Mushtaq Ahmad v. Mohd. Habibur 
Rehman Faizi & Ors., JT (199) 1 656, relied on. 
CRIMINAL APPELLATE JURISDICTION: Criminal Appeal No. 
190of1988. 
From the Judgment and Order dated 7.1.86 of the Allahabad High 
Court in Crl. M.A. No. 15985 of 1985. 
Anis Ahmad Khan, for AS. Pundir for the Appellant. 
G 
Dr. Shankar Ghosh, T. Patra, Ramesh Singh and Ms. Bina Gupta for 
the Respondents. 
The following Order of the Court was delivered : · 
This appeal by special leave has been placed before us by a refer-
H ence. The facts are not in dispute. The appellant-State has filed an F.I.R. 
236 
'.; 
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STATEv. O.P.SHARMA 
237 
with allegations as under : 
A 
"It is submitted that Modi Paints and Varnish Works, manufac-
tures Varnish and paints at Modinagar. This firm had been buying 
linseed oil and other edible oils in large quantities for quite some 
time, and had been storing the same and utilising it for the 
manufacture of paints and varnish. This industrial unit had been B 
buying and storing the linseed oil and other edible oils, and in this 
respect the said industrial unit has not obtained any licence. 
The said industrial unit had given an application for obtaining 
a licence in respect of their business for the purpose of said oils C 
for utilising the same in paints and varnish but their application 
was rejected. Subsequent to that also, the said industrial unit kept 
purchasing, storing and utilising the said oils and kept manufac-
turing said selling paints and varnish. Earlier also this firm had not 
made available its records concerning stock of bills. 
D 
To-day on 4.12.1985 in the evening at about 3.30 p.m. myself Abdul 
Qadir, Senior Marketing Inspector, Modinagar under the direction of Sri 
PK Upadhayaya, Addl. District Magistrate (Supply) Ghaziabad along 
with Sri Mohan Singh, District supply Officer, Ghaziabad, Sri Rameswer 
Dayal, Supply Inspector Modinagar, Sri Rais Ahmad, Supply Inspector E 
Modinagar, S.K. Misra, Marketing Inspector, Sri S.K. Singh, Marketing 
Inspector, Sri A.nil Kumar Srivastava, Marketing Inspector, Modinagar, Sri 
J.R. Joshi, Sub-Inspector, Sri Samai Singh, Constable No. 56, Sri Sukhbir 
Singh, Head Constable No. 53, Police Station Modinagar etc. inspected the 
oil stored in the oil tankers of Modi paints and Varnish Works, Modinagar. F 
To verify four tanks oil stored in them the oils stated by the party, three 
samples each were taken from every tank total 27 samples and sealed on 
the spot in the presence of the representatives of the firm Sri Kailash 
Chandra, Store Clerk and Sri O.P. Sharma, factory Manager, the stock 
register pertaining to the year 1985-86 consisting of 389 pages serially 
numbered was taken into custody after the used pages signed by me and G 
the said Kailash Chandra. The stock of stored oil was inspected on the 
basis of the stock register and the following quantities of oil was found 
stored in the tanks : 
1. Soyabean oil 843 Qtls. and 57 kgs. 
H 
238 
SUPREME COURT REPORTS 
(1996] 2 S.C.R. 
A 
2. Castor oil 8147 Qtls, and 45 kg. 
B 
c 
D 
E 
F 
G 
H 
3. Refined Soyabean oil 32 Qtls. & 31 kgs. 
The sample fard was prepared of one sample each from the 
collected samples and after taking the signature of every one it was 
handed over to the store clerk Sri Kailash Chandra. The stock 
register pertaining to the year 1984-85 was taken into custody and 
according to it on 1.11.1985 they had in their stock 2000 kiloliters 
of linseed oil stored with them. According to the oil register taken 
into custody, the aforesaid unit had purchased the refines soyabean 
oil, soyabean oil and linseed oil
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