CHEN PAO LIN Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) THE petitioner Chen Pao Lin has invoked the inherent jurisdiction of this Court under Section 482 of the Code of Criminal Procedure with the prayer for quashment of his entire criminal proceeding initiated in relation to Bistupur P.S. Case No. 257 of 2005 corresponding to G.R. No. 2074 of 2005 including the order dated 5.2.2006 whereby the C.J.M., Jamshedpur took cognizance of the offence under Section 7 of the Essential Commodities Act against the petitioner, now pending before the S.D.J.M., Jamshedpur.

(2.) THE prosecution story in short was that on the written report presented by the Opposite Party No. 2 Rajesh Emanuel Patro, Nazareth Deputy Collector, East Singhbhum, . Jamshedpur before the Bistupur Police Station alleging inter alia that he alongwith the other witnesses including the Add!. District Magistrate (Law and Order), Jamshedpur, conducted search of Fast Food (Chinese) Vehicle No. BR0634 wherein he found that the petitioner was using the domestic L.P.G. Gas Cylinder weighing 14.02 K.G., available at subsidized rate, for commercial purposes in the Fast Food (Chinese) vehicle. Besides, two others LPG Gas Cylinders weighing 5 K.G. each of Indane were also found. It was alleged that the use of LPG Gas Cylinders made available at subsidized rate in commercial purposes was illegal as it was in contravention of Clause13 of LPG (Regulation of Supply and Distribution) Order, 2000. The opposite party No. 2 made seizure of LPG Gas Cylinders weighing 14.02 K.G and two others LPG Gas Cylinders weighing 5 K.G. each alongwith one gas regulator in presence of the witnesses. On the basis of the written report and the seizure list, Bistupur P.S. Case No. 257 of 2005 was registered against the petitioner for the offence under Section 7 of the E.C. Act.

(3.) ADMITTEDLY , the informant/opposite party No.2, an officer of the rank of the Deputy Collector, who made search, and seizure in the vehicle of the petitioner dealing in Fast Food (Chinese) behind the Hotel known as "New Chhappan Bhog" at Bistupur, was not authorized to make search and seizure and therefore, the criminal prosecution initiated against the petitioner in contravention of specific