SUNIL KUMAR Vs. STATE OF BIHAR

JUDGEMENT

(1.) THIS application under Section 482 of the Code of Criminal Procedure (in short as 'the Code ') has been filed for quashing the order dated 11.9.1997 passed by learned Special Judge E.G. Act Chapra in G.R. Case No. 3659 of 1995 corresponding to Ekma P.S. Case No. 117 of 1995, whereby learned Special Judge rejected the prayer of the petitioner to discharge him from the case.

(2.) THE prosecution case, in short, is that on 26.10.1995 in course of checking of vehicles by the Police Party headed by the informant S.I., Bharat Singh of Ekma Police Station, the petitioner Sunil Kumar was found carrying three Gas Cylinders, full of cooking Gas on a Tata 407 vehicle. On demand, petitioner did not produce any paper in respect of Gas Cylinders and disclosed that he had received those Gas Cylinders from Bharat Gas Agency, Chapra and he was taking those Cylinders to Maharajganj, District -Siwan. The Police Party seized those Gas Cylinders. Seizure list was accordingly prepared by the informant which is Annexure -2 to the application. On the basis of written report of informant, the Police registered Ekma P.S. Case No. 117/95 dated 26.10.1995 under Section 7 of the E.C. Act and after concluding investigation submitted charge - sheet. Cognizance was taken. At the time of framing of charge a petition was filed on behalf of the petitioner to discharge him from the case on the ground that no case against him is made out. Learned Special Judge by the impugned order dated 11.9.1997 rejected the prayer against which the present application for quashing has been filed before this Court. The submission of learned counsel for the petitioner is that Sub -Inspector of Police who effected seizure of 3 L.P. Gas Cylinders for alleged violation of provisions of the Liquified Petroleum Gas (Regulation of Supply and Distribution) Order,1988 is not authorised by the Central Government or the State Government to effect search and seizure under clause 7 of the order and hence search and seizure is illegal and therefore, the continuance of the present prosecution is bad in law. In support of his submission learned counsel referred to Annexure -1 which is xerox copy of G.S.R. No. 973(E) dated 21.11.89 to show that the informant has not been authorised to make such search and seizure within his jurisdiction.

(3.) IN this connection clause -7 of L.P.G. Order may be seen which reads as follows: - 7. Power of entry, search and seizure. - (1) An Officer of the Department of Food and Civil Supplies of the Government, not below the rank of an Inspector authorised by such Government 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) ehter 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, alongwith the vehicles, vessels or any other conveyances 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 liquefied petroleum gas in cylinder, cylinders, gas cylinder valves, pressure regulators, vehicles, vessels or other conveyances so seized before the Collector having jurisdiction under provisions of section of the Essential Commodities Act, 1955 (10 of 1955) and for their safe custody pending such prodcution. (2) The provisions of Section 100 of the Code of Criminal Procedure, 1973 (2 of 1974), relating to search and seizure shall, so far apply to search and seizure under this Order."