SURENDRA KUMAR Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) THE instant criminal miscellaneous petition has been preferred by the petitioner being aggrieved of the order dt. 20.02.2010 passed by the Sessions Judge, Sri Ganganagar in Criminal Revision No. 24/2010, whereby he affirmed the order dt. 27.11.2009 passed by the Chief Judicial Magistrate, Churu in Criminal Case No. 54/2004 framing charge against the petitioner for the offence under Sec. 3/ 7 of the Essential Commodities Act. Assailing the charge and the proceedings sought to be undertaken against the petitioner, learned counsel for the petitioner submits that in this case the recovery of the empty gas cylinders has been effected from the residential premises of the house owned by the petitioner's father. During the course of investigation, a rent note in regard to the room where the empty gas cylinders were lying, having been given on rent to one Vijay Kumar, has been placed on record. Vijay Kumar was a licensed dealer of L.P.G. and, he, during the course of investigation, has been examined as a witness and as per his statement, the empty gas cylinders had been placed by him in the room rented -out to him by the petitioner. Thus, the learned counsel for the petitioner submits that the petitioner cannot be held responsible for the offence under Sec. 3/ 7 of the Essential Commodities Act as he had given the premises on rent to the licensed dealer and the empty gas cylinders had been placed in the godown by the aforesaid licence -holder. Thus, learned counsel for the petitioner submits that the charge framed against the petitioner deserves to be quashed.

(2.) LEARNED Public Prosecutor opposes the prayer made by the learned counsel for the petitioner.

(3.) FROM a perusal of the record particularly the rent note placed on the record of the trial Court, it become apparent that the prosecution has relied upon the rent note executed inter se between the petitioner and Vijay Kumar, as per which the premises from where the empty gas cylinders were recovered, was given on rent to aforesaid Vijay Kumar for the purpose of storage of empty gas cylinders. Vijay Kumar, in his examination during the course of investigation, has also corroborated this fact.