RAJINDER KUMAR Vs. STATE OF PUNJAB

JUDGEMENT

(1.) The instant petition had been filed under Section 482 Cr.P.C. which seeks quashing of FIR No.262 dated 11.11.2011, registered under Sections 420 IPC and Section 7 of the Essential Commodities Act, at Police Station Kotwali Patiala.

(2.) The case set up by the petitioner is that mere possession of kerosene was not an offence and in this case the search and the seizure was not in accordance with the provisions of the Essential Commodities Act and the police was not competent to seize the kerosene nor they could have filed the challan against the petitioner.

(3.) The respondent-State have refuted the prayer and have filed their reply inter alia taking the plea that the challan had been presented and the matter was subjudice. The prosecution claimed that the petitioner had no license to store kerosene oil and he had been granted ample opportunity to produce the documents and he was selling kerosene at higher rates than the market rate, without a valid license. It was pleaded that the officials of the Food and Supply Department were also joined in the investigation and samples were drawn.