ANITA KUMARI Vs. STATE OF BIHAR

JUDGEMENT

(1.) ANITA Kumari, the petitioner herein, is the proprietors of a Firm running in the name and design of 'M/s Rajdhani Enterprises,' which carries on business of distributorship of liquefied petroleum Gas bottled in iron cylinders (hereinafter to be referred to as 'the L.P.G.') marketed by Indian Oil Corporation. She is aggrieved by order dated 29.11.2005 passed by the learned sub-Divisional Judicial Magistrate, Patna, in special case No. 1/98 (arising out of Sri S.K. Puri P.S. Case No. 180/97) whereby he has taken cognizance of the offence under Section 7 of the Essential Commodities Act, 1955 (hereinafter to be referred to as 'the E.C. Act') against five persons including the petitioner and a prayer has been made for quashing of the entire criminal proceeding including the order dated 29.11.05.

(2.) IT appears that the business premises of the Firm at Sri Krishna Puri and its Godown premises at Sheopuri was inspected at around 4 P.M. on 15.12.1997 by the Officers of the supply Department of the Government of Bihar who allegedly directed that under weight gas cylinders of Indian Oil Corporation were being supplied to the household consumers by the Firm and therefore, it had became necessary to weight the cylinders. However, as darkness had set in they sealed both the premises. IT is said that on the following day at around 10.30 A.M. the inspection party again arrived to make weighment of the gas cylinder when the Manager Ravi Kumar came and informed that on 15.12.1997 by Truck bearing Registration No. WB 25-4364 300 cylinders of LPG had arrived from the bottling plant at Balasore, Orissa and another 300 cylinders of LPG had arrived by Truck bearing Registration No. BR-13 G/8661 from the Indian Oil Corporation Bottling Plant at Jamshedpur and whereas the cylinders carried by a truck No. 4364 had been stored in the godown the other cylinders were available in the Truck standing outside. IT is further said that since the process of weighing the cylinders could not be completed on that day it was resumed on 17.12.1997 and in course thereof 65 cylinders were weighed out of which 35 cylinders were found to contain less than the fixed quantity of 14.2 Kg. gas. IT was, therefore, felt that the said Firm was supplying under weight gas cylinder to its householder consumers and accordingly a case under Section 7 of the Essential Commodities Act was instituted for violation of Bihar Trade Articles (Licences Unification) Order, 1984 and Liquefied Petroleum Gas (Regulations Supply and Distribution) Order, 1993.