SRI. MAYYADDI Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) The present petition has been filed by the petitioner- accused under section 438 of Cr.P.C , 1973to release him on anticipatory bail for the offence punishable under Sections 3 and 7 of Liquefied Petroleum Gas Supply and Control Order 2000 and under sections 3 and 7 of Essential Commodities Act, 1955 in Crime No.36/2018 of Konaje Police Station.

(2.) I have heard the learned counsel for the petitioner-accused and learned High Court Government Pleader for the respondent-State.

(3.) The gist of the complaint is that on 09.03.2018, the complainant received a credible information about the filling of domestic gas to autorickshaws illegally and unauthorisedly for commercial purpose, at Shafi compound. Immediately, the complainant informed the said fact to the Konaje Police Station and along with Konaje Police and panchas, he made a search and found filled 11 cylinders and empty 6 gas cylinders of 14.2 Kgs each, and also found electronic weighing machine, rubber tubes, pipes, motor pumps etc., to fill the gas from domestic cylinders to the cars and autorickshaws. When enquiry was made, it is noticed that the said items belonged to the petitioner and seized the above said items by drawing mahazar and case was registered in this behalf. It is the contention of the learned counsel for the petitioner that the petitioner is an innocent and he has not committed any offence and he has been falsely implicated in the aforesaid case. She further submitted that as per section 6(a) of the Essential Commodities Act, 1955, the informant-complainant ought to have informed the said fact to the Deputy Commissioner or higher authorities. Instead of doing so, he had informed the same to the Police. Along with police, he went and made search. She further submitted that there is no compliance of the said provision. She also further submitted that the said items have been seized are not belonging to the accused-petitioner and petitioner-accused was also not present at the time of alleged incident. She further submitted that the said offences are not punishable with death or imprisonment of life and petitioner is a permanent resident of the address given therein in the cause title and he is ready to abide by the conditions which are imposed by the Court and ready to offer sureties. On these grounds, he prays to allow the petition and release the petitioner-accused on bail.