LAWS(P&H)-1996-4-45

SURESH KUMAR Vs. STATE OF HARYANA

Decided On April 11, 1996
SURESH KUMAR Appellant
V/S
STATE OF HARYANA Respondents

JUDGEMENT

(1.) The only question that arises for consideration in both Crl. Mics. No. 10613-M of 1994 and Crl. Misc. No. 13928-M of 1994, which are petitions under S. 482 of the Code of Criminal Procedure, is that whether a police officer, who is not authorised and notified under the provisions of Cl. 7 of the Liquified Petroleum Gas (Regulation of Supply and Distribution) Order, 1993 (hereinafter referred to as "the Order") can exercise power of entry, search and seizure under the said Order and could conduct the investigation. Said clause of the order reads as under :-"Power of entry, search and seizure. (1) An officer of the Department of Food and Civil Supplies of the Govt. not below the rank of an Inspector authorised by such Govt. and notified by the Central Government, or any officer not below the rank of a Sales Officer of an Oil Company, or a person authorised by the Central Government or a State Government and notified by the Central Government, may with a view to ensuring compliance with the provisions of this order, for the purpose of satisfying himself that this order or any order made thereunder has been complied with :(a) Stop and search any vessel or vehicle which the officer has reason to believe has been or is being, or is about to be, used in the contravention of this order;(b) enter or search any place with such aid or assistance as may be necessary;(c) Seize and remove, with such aid or assistance as may be necessary, the entire quantity of any stock of liquified petroleum gas in cylinders, cylinder valves and pressure regulators, along with the vehicles, vessels or any other conveyance used in carrying such stock if he has reason to suspect that any provision of this order has been or is being or is about to be contravened in respect of such stock and thereafter take or authorise the taking of all measures necessary for securing the production of the stock of liquified petroleum gas in cylinder, cylinders, gas cylinder valves, pressure regulators, vehicles, vessels or other conveyance to seize before the Collector having jurisdiction under the provisions of Section of the Essential Commodities Act, 1955 (10 of 1955) and for their safe custody pending such production;(2) The provisions of S. 100 of the Code of Criminal Procedure, 1973 (2 of 1974) relating to search and seizure shall, so far as may be apply to searches and seizures under this order."

(2.) The petitioners in these cases were directed to face the trial upon framing of the charge against them vide order dated 24-5-1994, Annexure P-2 to the petition.

(3.) Four-wheeler bearing No. HYO-3021 was coming from Rohtak side and it was loaded with gas cylinders. On enquiry, the accused and other co-accused who were in the said vehicle, were unable to produce any paper to show valid purchase and carrying of these cylinders. The police consequently collected other evidence against these accused and found them guilty for violating the provisions of the aforesaid Order and registered First Information Report under S. 7 of the Essential Commodities Act, 1955. Challan was filed by the concerned police officer who was admittedly sub-Inspector in the present case and on the basis of which the Court charge-sheeted, as indicated above.