SUNIL PREMSUKH SANCHETI Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) The petitioners have challenged the order dated13-7-1999 passed by the learned Special Judge (EC) Aurangabad (the Special Judge) on an application Exh. 4 in Special Case No. 20 of 1998 and thereby, rejected their application under sections 227 and 239 of the Code of Criminal Procedure for a discharge.

(2.) As per the prosecution, on3-10-1997, on information, the police authorities effected a raid at Plot No. 6, Friends Colony, Aurangabad and seized 20 filled commercial gas cylinders and 25 empty commercial gas cylinders. Based on that, Police Head Constable, Karbhari Bandu Sonwane lodged a complaint at Police Station Kranti Chowk Aurangabad on4-10-1997 and invoked the provisions of Section 3 and Section 7 of the Essential Commodities Act, 1955 (the Act ). Apart from seizure panchanama, the statements were also recorded. Ultimately Special Case No. 20 of 1998 has been registered before the Special Judge against the petitioners.

(3.) The learned Advocate appearing for the petitioners, basically contended that apart from the merit, prima facie, the Police Head Constable has no jurisdiction and authority to lodge the complaint in view of Clause 11 of the Liquified Petroleum Gas (Regulation of Supply and Distribution) Order, 1993. THE relevant extract of Clause 11 (a) reads thus : "11. Power of entry, search and seizure : - (a)An Officer of the Department of Food and Civil Supplies of the Government not below the rank of an Inspector authorised by such Government and notified by the Central Government or any Officer authorised and notified by the Central Government or any Officer not below the rank of a Sales Officer of a Government Oil Company authorized by the Government and notified by the Central Government may, with a view to ensuring compliance with the provisions of this Order, for the purpose of satisfying himself that this Order or any Order made thereunder has been complied with, (a ). . . . . . . " (ii)enter or search any place with such aid or assistance, as may be necessary; and (iii)seize and remove with such aid or assistance, as may be necessary books, registers and other records pertaining to liquified petroleum gas business, filled and empty cylinders, cylinder valves and pressure regulators along with the vehicle, vessel or any other conveyance used for carrying such stock. . . . . " THE basic requirement, therefore, is that an officer of the Department of Food and Civil supplies of the Government not below the rank of an Inspector authorized and notified by the Government and/or any officer not below the rank of the Sales Officer of Government Oil Company as authorised, only has a power of entry, search and seizure and to do other necessary things, if required. In the present case, admittedly, there is nothing on record to suggest and/or even bourne out from the record that the Police Head Constable, in question, who has lodged the complaint, has any authorisation by the Government as contemplated in clause 11. All the documents specifically named and sealed by the Police Head Constable who is admittedly not an officer "not below the rank of an Inspector". An Assistant Inspector of Police, Dabhada, who has seized these cylinders, is not an authorised Officer as contemplated under clause 11. If this Order provides a specific officer who can enter, search and seize the goods, in such cases no other officer has jurisdiction or authorisation to do the act as has been done in the present case. Neither the Head Constable, who has lodged the complaint, nor the Officer, who has seized the gas cylinders, had any written authorisation.