Allahabad High Court Grants Interim Relief To Accused Who Were Denied Anticipatory Bail Due To Citing Of Repealed Law

“In view of the fact that one of the main grounds for rejection of anticipatory bail was a mistake of law; the applicants-Gulam Mustafa Khan and Ezaz Ahmad are granted interim protection till the next date of hearing…” the bench of Justice Jyotsna Sharma observed.

The accused have been booked under Sections 3/7 of the Essential Commodities Act and under Sections 420, 465, 468, 120-B IPC. Their first anticipatory bail application was dismissed on March 2, 2023, on the basis of the Petroleum Rules, 1976 which stand repealed by the Petroleum Rules, 2002.

He moved the second anticipatory bail on the grounds that the Petroleum Rules, 2002 came into effect on 13th March 2002. It was argued that citing of repealed law by the State entitled them to reconsideration of their anticipatory bail.

Besides the above, it was submitted on behalf of the applicants that a license to transport petroleum class A and class B in bulk was issued/renewed in their favour and was valid up to April 25, 2025, in respect of their seized vehicle.

It was further submitted that their vehicle was authorized to carry 22 kilolitres of diesel and the papers were not available with them earlier, however, it was perfectly within their rights to transport the diesel.

It was lastly argued that the State failed to point out any evidence to show any case against them under the aforesaid sections of the Essential Commodities Act and the Indian Penal Code and that it was for the State to prima facie show their role and that burden cannot be shifted on them.

On the other hand, it was admitted by the AGA though the 1976 Rules stand repealed and the new Rules have come into effect, the position of law was merely one of the grounds on which earlier anticipatory bail application was dismissed and even if new Rules are taken into consideration, the applicants are not entitled for anticipatory bail for a number of other reasons.

However, the Court thought it fit to grant them interim protection from arrest till August 11, 2023.

Further, the Court directed the State Government to place before the court, the crystal-clear position of law as well as on facts relating to unanswered queries of the court.

“A counter affidavit may be filed within 3 weeks and a rejoinder within a week thereafter. Meanwhile, the applicants may file papers with regard to the other vehicle allegedly involved in this case,” the Court further ordered.

Senior Advocate Anoop Trivedi assisted by Advocates Abhinav Gaur and Vibhu Rai appeared for the petitioners.

AGA 1 Pranav Krishna appeared for the state.

Case title - Gulam Mustafa Khan And Another vs. State of U.P. and Another [CRIMINAL MISC ANTICIPATORY BAIL APPLICATION U/S 438 CR.P.C. No. - 4724 of 2023]

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