HARPAL SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) THE sole controversy involved in this petition filed under Section 482 of the Code of Criminal Procedure 1973, for quashing the first information report No. 400 dated 8-9-1989 for offence under Section 7 of the Essential Commodities Act, registered at Police Station Sadar Amritsar is whether under clause 15 of the Punjab Light Diesel Oil and Kerosene Dealers Licensing Order, 1978 (for short the 'Order') issued under Section 3 of the Essential Commodities Act, 1955, an Assistant Sub-Inspector of Police was competent to enter upon or search the business, premises of the dealer or only a police officer not below the rank of Sub Inspector is competent to do so.

(2.) THE brief resume of facts relevant for the disposal of this petition figuring in the impugned first information report, copy Annexure P-1, is that Assistant Sub Inspector Narender Singh of Police Station Sadar Amritsar on the basis of secret information organised a raiding party on 8-9-1999 for raiding the premises of the accused petitioners as the secret information revealed that these accused-petitioners had purchased some drums of kerosene oil from the truck tanker bearing registration No. 13051 PAT without any permit, licence or authority in order to sell the same in black market.

(3.) I have heard the learned counsel for the parties besides perusing the record.