No Expert Opinion Produced To Show If Adulterated Mixture Was Sold Instead Of Petrol & Diesel: Supreme Court Quashes Chargesheet

Case: Suresh v. State of MP

Coram: Justices Abhay S. Oka and Justice Pankaj Mithal

Case No.: CRIMINAL APPEAL NO. 3512 OF 2023

Court Observation: “The entire foundation of the charge sheet is that there was a hydrocarbon mixture in the seized tanker, which looks precisely like petrol and diesel and smells like petrol and diesel. Along with the charge sheet, the respondent did not produce an expert’s report regarding the precise nature of the liquid in the tanker. Unless there was a material forming part of the charge­sheet to show the nature of the liquid, no offense is made out.”

“Now, it is too late for the State to file a report after a gap of more than two years. The respondent has not attempted to get the report during the last seven months.  Even an adverse inference can be drawn against the respondent.  Hence, the continuation of the prosecution will be an abuse of the process of law.”

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No Expert Opinion Produced To Show If Adulterated Mixture Was Sold, Supreme Court