Court smells rat in petitioner’s attempts to prove that he is into legal trade of methyl alcohol.
Mahesh Solanki, from whose godown a huge quantity of inferior quality methanol, which was allegedly used in the hooch that killed over a 100 people in Ahmedabad, was seized by the police, is on the run. But Milap Shah, his accomplice and co-accused in the case, had been released by the state government after the Pasa order against him delivered by the police commissioner of Ahmedabad was revoked.
The Gujarat high court has now rejected a plea made by the absconder against his proposed detention under the prevention of anti-social activities act (Pasa). Solanki, through his counsel, wanted to stop the police from taking coercive action against him.
The order of detention under Pasa that was issued by the city police commissioner is however, yet to be served to Solanki.
Solanki's counsel said that his client has a colour and chemical products business in partnership with Milap Shah. The partnership is not a written one. The counsel added that the duo was authorised by M/s Gujarat Foundry Flux Company to procure methanol from various companies that manufactured the chemical. The counsel further contended that Solanki took the methanol from these companies for Gujarat Foundry. But the stock, which was of inferior quality, was returned by Gujarat
Foundry and stored in Solanki's godown. Counsel said that his client legally took the methanol as he was authorised by the company to do so. However, rejecting the plea, justice MD Shah observed that prima facie, a presumption can be made that the methyl alcohol was kept in his godown to be sold for the illegal manufacture of country-made liquor.
"As far as methyl alcohol is concerned, it is a very dangerous substance. If the substance is used in excess in alcohol it can also blind a person," the judge said. Rejecting the claim made by Solanki that he was acting as an agent of Gujarat Foundry and there was nothing illegal about his work, the court said, "It has been stated by Solanki that he has a sales tax number and is a licensed trader of methanol on behalf of the company, but he does not have any such licence for sale of methyl alcohol.
"He is neither an agent of either the said company nor any other company which would enable him to keep a stock of methyl alcohol with him." The court said, it is a known fact that because of the inferior quality of methyl alcohol, the purchaser refused to accept the same and hence, it was required to be sent back to the manufacturer or the traders from whom the purchases were made.
"There is no reason for him to have kept the methyl alcohol in his godown in absence of any licence either for the godown or for keeping methyl alcohol," said the court.
The court further said that the petitioner has cleverly tried to show that he along with his friend were involved in a legal trade of purchase and sale of methyl alcohol, but the facts pointed otherwise.
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