The first appellant was the driver of the tanker, which carried the subject fuel. The Collector (Food) instructed on the same day to send the samples collected from the subject tanker to BPCL Quality Assurance Laboratory, Indore.
The allegation is that on 11 October 2021, the hydrocarbon mixture was loaded in the intercepted tanker.
The learned counsel submitted that, admittedly, there is no report obtained by the prosecution of any expert agency about the nature of the liquid found in the intercepted truck.
It is alleged that such a mixture smells like petrol and diesel.
Along with a letter dated 13 October 2021, the police forwarded four samples of the liquid seized from the tanker to the Forensic State Laboratory at Sagar in Madhya Pradesh, requesting the laboratory to submit an opinion on whether petrol in the samples at Exhibit A and B is of human grade used as a normal fuel in vehicles.
By the order dated 27 March 2023, the learned counsel appearing for the respondent was granted time to ascertain whether a report was received from the laboratory of BPCL. In the absence of the report, taking the charge sheet as it is, no material is placed on record to show that the liquid in the tanker was neither diesel nor petrol but a mixture of hydrocarbons. 727 dated 14 October 2021, registered with Kishanpura District, Indore, and the consequent charge sheet filed thereon are quashed and set aside.
The appeal is accordingly allowed on the above terms.
Case Title: SURESH Vs. THE STATE OF MADHYA PRADESH
Case Number: Crl.A. No.-003512-003512 / 2023
