DEEPJYOTI GAS AGENCY Vs. STATE OF ASSAM

JUDGEMENT

(1.) By this judgment, I propose to dispose of the Crl Petition No. 384/2014 filed by M/s Deepjyoti Gas Agency under Section 482 of the Code of Criminal Procedure (Cr.PC) for quashing the proceedings in CR Case No. 388C/2004, pending in the Court of Addl. Chief Judicial Magistrate, Kamrup (M), Guwahati.

(2.) The case of the petitioner is that it is engaged in the business of supply and distribution of LPG cylinders. As against the petitioner, a complaint has been lodged by the Inspector of Food & Civil Supplies, BIEO, Assam under Section 7 of the Essential Commodities Act, 1955 which has been registered as CR Case No. 388C/200, presently pending in the Court of Addl Chief Judicial Magistrate, Kamrup (M), Guwahati. The allegations levelled against the petitioner is that on 30.5.2000 an inspection was done at the premises of M/s Deepjyoti Gas Agency to verify a source information. In the course of inquiry, it was found that M/s Deepjyoti Gas Agency is an appointed distributor of LPG of Indian Oil Corporation (IOC). During inspection it was also found that the petitioner is carrying on the business of purchase, sale and storage for sale of LPG cylinders without having the required licence as provided in Clause-3 of the Assam Trade Articles (L&C) Order, 1982, (hereinafter referred to as the Control Order, 1982) as amended upto date. Thereafter, the Inspecting team made some seizures and after receiving the sanction for prosecution from the Deputy Commissioner, Kamrup, lodged the written complaint against the petitioner.

(3.) I have heard Mr. R. Dubey, learned Counsel appearing for the petitioner. I have also heard Mr. NK Kalita, learned Additional Public Prosecutor for the State of Assam.