RAM CHANDER Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) THESE are two revisions against the order of the Special Judge (Essential Commodities Court), Sri Ganganagar dated 17th March, 1986 framing charge against the petitioners u/s 3 read with Section 7 of the Essential Commodities Act for contravention of the provisions of the Rajasthan Petrolium Products (Licensing and Control) Order, 1979 and of condition Mo. 2 (a) (b) of the licence on account of the fact that 150 Iudane gas cylinder filled with gas were seized from their possession and which were stored without any licence and illegally, I am of the view that storing of gas cylinders does not fall within the perview of Rajasthan Petrolium Products (Licensing and Control) Order, 1979 and, therefore, not punishable u/s 3 read with section 7 of the Essential Commodities Act. Cooking gas stored in a gas cylinder is compresed gas and not liquified petrolium gas. It does not, therefore, fall within the definition of petrolium or petrolium products. The matter is governed by the Indian Explosives Act and Gas Cylinders Rules, 1981 framed by the Central Government. No charge could, therefore, be framed against the petitioners u/s 3 read with section 7 of the Essential Conmodities Act by the Special Judge and, therefore, the charge framed by him for the aforesaid offence in Criminal cases No. 2 of 1985 and No. 4 of 1985 of his Court by his order dated March 17, 1986 is hereby quashed and both the revisions are accordingly allowed. .