'Illegality In Handling Petroleum & Byproducts Directly Impacts Public At Large, Not Private Dispute': Bombay High Court
Saksham Vaishya
14 Oct 2025 10:35 AM IST
The Bombay High Court has held that offences relating to illegal handling and adulteration of petroleum products have a direct bearing on public safety, the economy, and State revenue, and therefore cannot be viewed as mere private disputes between parties. It emphasized that such offences affect a vital sector of public life and must be treated with utmost seriousness while considering anticipatory bail applications.
Justice Amit Borkar was hearing an anticipatory bail application filed by Hetan Ram Gangwani and Yash Ram Gangwani, who were accused in a Crime registered under Sections 287, 125, 3(5) of the Bharatiya Nyaya Sanhita, 2023, among other offences under special legislations. The case arose from the seizure of eight tankers from a customs-bonded warehouse, which were found to contain adulterated diesel.
The prosecution argued that though the petroleum products were shown to be traded between three companies, all were linked to a single email ID belonging to accused Yash Gangwani. This, the prosecution contended, revealed that the sale of goods from one company to another was a camouflage, and the same person carried out all transactions.
The Court noted that at the anticipatory bail stage, it is not expected to conduct a mini-trial or examine evidentiary objections regarding the laboratory report or the authority of the API. These issues are matters for trial. What is relevant is whether prima facie material indicates the commission of the offence and whether custodial interrogation is necessary.
The Court held that the factum of three different companies being linked to one common email ID cannot be treated as a matter of coincidence; when the surrounding circumstances are viewed together, the only reasonable inference is that the imported petroleum products were diverted in a manner so as to conceal their true nature and to deal with adulterated fuel under the guise of process oil. It observed:
“… the applicants attempted to give colour of legitimacy to the transactions by routing the imported goods through different entities. The conduct of the applicants in presenting such paper transactions instead of offering a clear and transparent explanation raises grave suspicion about their involvement in the offence.”
The Court observed that anticipatory bail is an extraordinary relief to be granted only when the Court finds that the accusations are manifestly false or motivated. It held that offences involving petroleum adulteration cannot be treated as disputes between private entities.
“Petroleum and its by-products form the backbone of transport, industry, and daily life. Any illegality in their handling or distribution has a direct impact on public safety, on the economy of the nation, and on the lawful revenue of the State… The impact is thus widespread and serious,” the Court observed.
Given the prima facie material, the seriousness of allegations, and the ongoing investigation, the Court concluded that the applicants were not entitled to the extraordinary protection of anticipatory bail.
Case Title: Hetan Ram Gangwani & Anr. v. State of Maharashtra [Anticipatory Bail Application No. 2253 of 2025]