Criminal Procedure Code, 1973 Section 482 – Evidence Act, 1872 Section 27 – Expert report not produced – Mixing of petrol/diesel – Proceedings quashed.
FIR was registered on 14th October 2021, and a charge sheet was filed on 11th February 2022 – As of today, there is no expert’s report on the nature of the liquid found in the seized tanker – The charge sheet’s foundation is based on the assumption that the seized liquid is a hydrocarbon mixture resembling petrol and diesel in appearance and smell – However, the respondent did not provide an expert’s report confirming the precise nature of the liquid – Despite sending samples for testing over two years ago, no report has been received – Without this report, there is no evidence to support that the liquid in the tanker was anything other than diesel or petrol – The allegation of cheating is also based on the assumption that customers were supplied with this mixture instead of petrol or diesel – Without material in the charge sheet to demonstrate the liquid’s nature, no offense is established – It’s now too late for the State to file a report after more than two years have passed – The respondent was notified by the Court on 27th March 2023 regarding the failure to produce the report – Despite this notice, the respondent has not made any effort to obtain the report in the last seven months – This lack of action could lead to an adverse inference being drawn against the respondent – Therefore, continuing with the prosecution would be an abuse of the legal process.
