COL. GAS SERVICE Vs. COLLECTOR, JABALPUR

JUDGEMENT

(1.) The petitioner has challenged the judgment dated 23/11/2010 passed by the XVth Additional Sessions Judge, Jabalpur in Criminal Appeal No.357/2008 by which the order passed by the Collector, Jabalpur in Revenue Case No.88- B/121/07-08 was maintained by which it was directed that 70 gas cylinders be confiscated and their cost be deposited by the petitioner. Hence the petitioner has challenged both the orders passed by the Courts below.

(2.) The prosecution's case in short is that the petitioner is a dealer of cooking gas Indane authorized by the Indian Oil Corporation. The office of business is at Madan Mahal, Jabalpur whereas the godown was at Village Tewar. On 10.1.2008 Shri P. L. Barkade, District Supply Controller, Shri V. K. Choubey, Assistant Supply Officer and Shri Sanjay Khare and Smt. Anita Sorte, Junior Supply Officers approached the Gas Agency of the petitioner and verified the entire stock and registers. It was found that 70 Gas Cylinders of domestic category (14.2 kilogram capacity) were found short. According to the stock register 70 gas cylinders were found missing on the physical verification. It was also found that he kept some cylinders in various vehicles instead of keeping them in the godown. Similarly 11 commercial gas cylinders were found in lying position whereas those were required to be kept straight and therefore, Shri Choubey, Assistant Supply Officer, Jabalpur seized 70 gas cylinders and a report was submitted to the Collector Jabalpur.

(3.) The learned Collector, Jabalpur issued a notice under Section 6-B of the Essential Commodities Act to the petitioner. The petitioner has submitted in reply that the physical verification done by Supply Officers was not correct. The Supply Officers were informed that 70 cylinders were sent in a vehicle Tata 407 for supply to the consumers and therefore, they were not short. The supply officers seized 388 cylinders which were kept in a truck and those cylinders were sent by the filling authority to the petitioner and they were yet to be unloaded. Those cylinders could not be seized. Some other objections were also raised by the petitioner. The learned Collector after giving an opportunity of hearing to the petitioner and producing the evidence, passed the impugned order dated 21.5.2008 with the direction that 70 gas cylinders (domestic) were confiscated and the petitioner was directed to deposit the cost of those 70 gas cylinders so that those cylinders may be returned to the petitioner. On filing of the appeal the learned XVth Additional Sessions Judge, Jabalpur vide judgment dated 23.11.2010 dismissed the appeal.