K T KUNHIMOIDEEN Vs. STATE OF KERALA

JUDGEMENT

(1.) This is an application for anticipatory bail under Section 438 of the Code of Criminal Procedure. The petitioner is the accused in Crime No.293 of 2009 of Malappuram Police Station.

(2.) The offences alleged against the petitioner are under Section 3 of the Essential Commodities Act, 1955 and the relevant provisions of the Liquefied Petroleum Gas (Regulation of Supply and Distribution) Order, 2000.

(3.) The gist of the prosecution case is the following: On 8.5.2009, the Taluk Supply Officer got secret information that gas refilling was illegally being conducted in building No.1/134 of Koottilangadi Grama Panchayat. On the basis of the information, the Taluk Supply Officer and the team of officers inspected building No.1/134 referred to above at 11.55 AM on 8.5.2009 in the presence of witnesses. In the room in question, the Taluk Supply Officer and his team found several gas cylinders of different weights, counter balance, different types of weights and three gas cylinders for domestic use. The inspecting team was fully satisfied that gas refilling in different types of cylinders for non-domestic use was being done by using the gas cylinders intended for domestic use. A mahazar was prepared and the gas cylinders and other articles and equipments were seized. According to the prosecution, the petitioner was also present at the time of inspection.