DEEN DAYAL Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) The facts in brief giving rise to this S.B. Criminal Revision are that on 4-8-1999 Sub-Divisional Officer Nawalgarh, District, Jhunjhunu seized nine cylinders on the ground that they were being transported to the village Jhanjhar through a camel cart. The owner of the Camel Cart was Sh. Megharam who was having no valid permission from M/s. Chokhani Gas Agency for transportation of the cylinders. The complaint by the Sub-Divisional Officer was filed under Section 6-A of Essential Commodities Act, 1955 (in short the Act, 1955) before District Collector, Jhunjhunu on account of violation of Sub-clauses (2) and (4) of Clause (3) of Liquified Petroleum Gas (Regulation of Supply and Distribution) Order, 1993 (in short the order "1993") with a prayer of confiscation of the cylinders.

(2.) The Collector, Jhunjhunu issued show cause notice to Sh. Megharam under Section 6-B of the Act, 1955. Sh. Megharam as well as nine petitioners before this Court submitted their reply that the petitioners were consumers having gas connection from M/s. Chokhani Gas Agency and they got the cylinders refilled on that day and they were resident of village Jhanjhar and also reside Nawalgarh for their livelihood and Sh. Megharam was carrying on these cylinders to village Jhanjhar on their behalf and no violation of sub-clauses (2) and (4) of Clause (3) of the Order 1993 took place. Learned District Collector, Jhunjhunu vide order dated 16-11-1999 confiscated the cylinders. Appeal against this order was also dismissed by learned Sessions Judge, Jhunjhunu vide order dated 27-6-2000. Hence this revision.

(3.) Heard learned counsel for the petitioners and learned Public Prosecutor. The provisions of sub-clauses (2) and (4) of Clause (3) of the Order 1993 are as under:- (2) No distributor of a Government Oil Company shall supply liquified petroleum gas filled in cylinders to any person unless he holds a valid authorisation from the Government Oil Company. (4) No transporter or delivery person shall deliver or cause to be delivered liquified petroleum gas either in cylinders or in bulk to any person other than the consumer for whom the liquified petroleum gas is mean for.