KALA DEVI ALIAS KALA Vs. STATE OF HARYANA

JUDGEMENT

(1.) PETITIONER 's counsel contended that the petitioner was allotted LPG Gas Agency 1990 on the ground of death of her husband, who was Assistant Commandant in C.R.P.F. The weight of the gas in gas cylinder should be 14.200 Kg. On 31.1.1994 a complaint against the petitioner from Rattan Singh Saini to SHO Police Station Shiv Mohindergarh was made. SHO Police Station Shiv Mohindergarh checked the cylinders which were being transported on camel cart. The weighment of the cylinder was done in the presence of Assistant Food and Supply Officer, Inspector and other officials. It was found that in 13 Gas Cylinders, there was less gas while in other cylinders, there was more gas than 14.200 Kg. On the basis of this weighment the case was registered against the petitioner for violating the provisions of Liquified Petroleum Gas (Regulation Supply and Distribution) Order, 1993 (in short 'Order') read with Sections 3/7 of the Essential Commodities Act. The cylinders were also seized by the SHO. The investigation is pending.

(2.) THE petitioner's main contentions are that under Rule 11 of the said Order, the SHO of any Police Station is not authorised to take search or seize Gas Cylinder if it is suspected that any of the provisions of the Order are violated. As per rule 12 of this Order the provisions of this order have over-riding effect. Petitioner's counsel relying on Vijay Kumar v. State of Punjab, 1991(3) Recent Criminal Reports 525 contended that such a complaint in writing can be filed only by Director of Meterology to Judicial Magistrate. At the time of weighment even agent of the petitioner was not called. Hence, on these grounds, the prayer for quashing the FIR is made.

(3.) VIJAY Kumar's case (supra) was decided on 2.1.1991 pertaining to FIR registered under Sections 420/465/468/471 IPC, while the Order has come into force on 3.8.1993 and Section 11 of the Order authorises Collector having jurisdiction under the provisions of Act for taking action against all concerned if they violate the provisions of this order. From Section 11, it is evident that SI/SHO of any Police Station is not authorised to take search or to seize gas cylinders for contravening any of the provisions of this order.