D VENKATRAMULU Vs. INSPECTOR OF POLICE VCCSD MAHABUBNAGAR

JUDGEMENT

(1.) This writ petition is filed praying for a Writ of Mandamus declaring the action of the respondent, namely, Inspector of Police, Vigilance Cell of Civil Supplies Deprtment, Mahabubnagar, in filing RLR.No.61/VC.MBNR/2000 dt. 24-6-2000, as illegal, void and without jurisdiction.

(2.) The petitioner is proprietor of M/s. D.B.K. Traders, a dealer of Indian Oil Corporation at Gadwal. It is stated that the respondent conducted panchanama on 24-6-2000 and seized the stocks for alleged contravention of Clause 2(e) (i) of Motor Spirit and High Sped Diesel (Regulation of Supply and Distribution and Prevention of Malpractices) Order, 1998 (for short 'the Central Control Order') and Clauses 12 (i) and (ii) and 25 of Andhra Pradesh Petroleum Products (Licensing and Regulation of Supply) Order, 1980 (for short 'the A.P. Control Order') and conditionss 2, 5 and 6(i) of the Licence issued under A.P. Control Order read with Sections 7 and 8 of the Essential Commodities Act, 1955 (for short 'the Act'). Thereafter, the respondent registered a crime against the petitioner in F.IR.NO. 61/VC.MBNR/2000 on 24-6-2000 and sent the same to the court of Judicial Magistrate of First Class, Gadwal. In the FIR it is alleged that the petitioner (Accused No. 1) with the assistance of his son Kalyan Chakravarthi (Accused No. 2) has been indulging in clandestine business of Motor Spirit (MS) and High Speed Diesel (HSD) without maintaining true and correct records and gaining illegal profits. Accused No. 2 was arrested on 25-6-2000 at 11.15 a.m. and stock of 5228 litres of MS and 5857 litres of HSD worth about Rs. 2,40,546/- was seized. In the panchanama it is alleged that the petitioner has violated the Central Control Order, A.P. Control Order and conditions of licence, as mentioned above. Filing of F.I.R. is challenged mainly on the ground that after repeal of Central Control Order 1990 by Control Order 1998, the Inspector of Police, is not competent to search and seize petroleum products, and therefore, he is not competent to file FIR.

(3.) The petitioner filed this writ petition on 13-7-2000. This court, while ordering notice before admission, directed the learned Government Pleader for Civil Supplies to file counter-affidavit. After service of notice, the matter came up for admission. Since the respondent has filed counter, with the consent of the learned counsel for the parties, the matter was taken up for final disposal.