ASHARFUL HAQUE Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) THE petitioners have preferred this petition under Section 482 of the Code of Criminal Procedure for quashing the order impugned dated 3.3.2003 of the cognizance of the offence under Section 420/34 of the Indian Penal Code as also under Section 7 of the Essential Commodities Act against the petitioner in Gumla P.S. Case No. 102 of 2000.

(2.) THE brief fact of the case as contained in the written report of the informant Peter Barwa is that on 12.6.2000 he intended to take L.P.G. connection from M/s. Ujala Gas Agency, Gumla and when he enquired, the owner of the said Gas Agency conveyed the estimated cost of Rs. 4000/ - for new gas connection. He immediately made over Rs. 4000/ - to Md. Mustafa Alam assuming that he was the owner of Ujala Gas Agency. The informant was asked to come after an hour so that domestic Consumer Gas Card could be made available to him. Pursuant to such direction when the informant again came to the Ujala Gas Agency one of the petitioners Mustafa Alam offered that he would give the receipt of the account of Rs. 1900/ - only for the gas connection. The offer was opposed and the informant demanded back his money. The informant further stated that he had delivered 40 notes of the denomination of Rs. 100/ - each with the serial number and that the owner used to obtain excessive rate to the tune of Rs. 4000/ - for each connection as against the Government rate of Rs. 1900/ - and in this manner he had been cheating the public for illegal gains.

(3.) THE learned Counsel further submitted that the police without jurisdiction under the special Act illegally entered into the establishment Ujala Gas Agency seized Rs. 4000/ - from the shop. Similarly, it is settled law that special Act shall prevail upon the general law but in the present case when there is special and specific provision of independent law, cognizance of the offence under Section 420/34 of the Indian Penal Code as against the petitioners is not maintainable.