JUDGMENT (Prayer:Criminal Original Petition has been filed under section 482 of the Criminal Procedure Code, to call for the records of the impugned proceedings in STC No.3879 of 2023 on the file of the Judicial Magistrate Court No.IV, Tirunelveli, Tirunelveli District and quash the same as illegal and pass such other or other orders.) 1. This criminal original petition has been filed seeking quashment of the case in STC No.3879 of 2023 on the file of the Judicial Magistrate No.IV, Tirunelveli. 2. The case of the prosecution in brief:- The de-facto complainant along with his police team were on the routine patrol duty, on 15/05/2023 at about 08.30 am near Thatchanallur-Madurai main road. At that time, they found the vehicle bearing registration No.TN-96-B-2749. It was intercepted and found in possession of 900 Litres of diesel. No proper permission or licence as the case may be was available. On enquiry, the driver of the vehicle stated that the first accused namely Balamurugan is the quarry owner. At his instruction, diesel was purchased in bulk. On the basis of the above said occurrence, a case in Crime No.283 of 2023 was registered for the offences under section 285 IPC and section 23 of the Petroleum Act. After completing the investigation, final report was filed making the allegations against the accused persons and it was taken cognizance in STC No.3879 of 2023 by the Judicial Magistrate No.IV, Tiruelveli. 3. Seeking quashment of the same, A2 and A3 have filed this petition on the ground that the seized diesel falls under clause B of Petroleum Act; As per section 7 of the Act, no permission is required for transporting and storying of clause B petroleum, if the total quantity does not exceed 2500 liters. 4. Heard both sides. 5. The learned Senior counsel appearing for the petitioners would submit that no violation of either Petroleum Act or Control Order is committed. He would also rely upon the judgment of the Madhya Pradesh High Court in the case of Kran Singh Vs. State of Madhaya Pradesh and another (M.Cr.C No.11349 of 2015, dated 27/03/2017). 6. 4. Heard both sides. 5. The learned Senior counsel appearing for the petitioners would submit that no violation of either Petroleum Act or Control Order is committed. He would also rely upon the judgment of the Madhya Pradesh High Court in the case of Kran Singh Vs. State of Madhaya Pradesh and another (M.Cr.C No.11349 of 2015, dated 27/03/2017). 6. Section 23 of the Petroleum Act reads as under:- “23.General penalty for offences under this Act: (1)Whoever- (a)in contravention of any of the provisions of Chapter 1 or of any of the rules made thereunder, imports, transports, stores, produces, refines or blends any petroleum, or (b)contravenes any rule made under sec. 4 or sec. 5, or (c)being the holder of a licence issued under Sec. 4 or a person for the time being placed by the holder of such licence in control or in charge of any place where petroleum is being imported or stored, or is under transport, contravenes any condition of such licence or suffers any condition of such licence to be contravened, or (d)being for the time being in control or in charge of any place where petroleum is being imported, stored, produced, refined or blended or is under transport, refuses or neglects to show to any officer authorized under section 13 any receptacle, plant or appliance used in such place in connection with petroleum, or in any way obstructs or fails to render reasonable assistance to such officer during an inspection, or (e)being for the time being in control or in charge of any place where petroleum is being imported, transported, stored, produced, refined or blended, refuses or neglects to show to any officer authorized under section 14 any petroleum in such place, or to give him such assistance as he may require for the inspection of such petroleum, or refuses to allow him to take samples of the petroleum, or (f)being required, under section 27, to give information of an accident, fails to give such information as so required by that section,shall be punishable with simple imprisonment which may extend to one month or with fine which may extend to one thousand rupees, or with both. (2) If any person, having been convicted of an offence punishable under sub-section (1) is again guilty of any offence, punishable under that sub-section he shall be punishable for every such subsequent offence with simple imprisonment which may extend to three months, or with fine which may extend to five thousand rupees, or with both.” 7. Now the case of the prosecution is that in contravention of section 23 of the Act, diesel has been transported. 8. Section 7 of the Act reads as under:- “7.No licence needed for transport or storage of limited quantities of petroleum Class B or petroleum Class C: Notwithstanding anything contained in this Chapter, a person need not obtain a licence for the transport or storage of- (i) petroleum Class B if the total quantity in his possession at any one place does not exceed two thousand and five hundred litres and none of it is contained in a receptacle exceeding one thousand litres in capacity; or (ii) petroleum Class C if the total quantity in his possession at anyone place does not exceed forty-five thousand litres and such petroleum is transported or stored in accordance with the rules made under sec. 4.” 9. As per the above said sections, it is seen that in respect of clause B or C of petroleum products, no licence is required, if the quantity does not exceed 2500 liters. In respect of clause B category and in respect of C category should not exceed 45000 Liters. 10. Now we will go to the clause B category. 11. Sections 2(a), (b) and [c] reads as follows:- (a)“Petroleum” means any liquid hydro-carbon or mixture of hydro-carbon and any inflammable mixture (liquid, viscous or solid) containing any liquid hydro-carbon; (b)“petroleum Class A” means petroleum having a flash-point below twenty-three degrees centigrade; (c)“petroleum Class B” means petroleum having flash-point of twentythree degrees centigrade and above but below sixty-five degrees centigrade. 12. Reading of the above said definition shows that B category the petrol limit is 2500 liters. 13. Here, what has been transported by the accused is below the above said petroleum limit. It appears that the above said petrol was not sampled for the purpose of finding that flash point does not fit into the category of B product as per the above said provision. Sampling ought to have been taken by the Investigating Officer before filing the final report. It appears that the above said petrol was not sampled for the purpose of finding that flash point does not fit into the category of B product as per the above said provision. Sampling ought to have been taken by the Investigating Officer before filing the final report. But lapse on the part of the Investigation Officer vitiates the entire prosecution. On the sole ground, this petition is liable to be allowed. 14. In the result, this criminal original petition stands allowed. The case in STC No.3879 of 2023 on the file of the Judicial Magistrate No.IV, Tirunelveli is herein quashed against the petitioners. Consequently, connected Miscellaneous Petitions are closed.