Bhupinder Kumar vs State of Haryana

Sarojnei Saksena, J.—Petitioner accused has prayed for quashment of FIR No. 329 dated August 14, 1995 registered u/s 7 of the Essential Commodities Act by Police Station City Sirsa.

Uncontrovertedly the petitioner is a registered public distributor under the agreement of distribution given to him by Bharat Petroleum Corporation Limited. He is running the business of supplying liquified petroleum gas to consumers under the terms and conditions of the said agreement, to be regulated by the Liquified Petroleum Gas (Regulation of Supply and Distribution) Order, 1993 (in short, the Order). On August 5, 1995, Additional Deputy Commissioner, Sirsa, along with Assistant Food and Supplies Officer and his staff conducted surprise checking at the show room and godown of M/s Bhupindra Gas Agency. Sirsa, of which the petitioner is the proprietor. Various irregularities were found during the checking. The stock register had entries only upto July 31,1995, and not upto August 5,1995, the date of checking. After accounting for the subsequent receipt and sales, a shortage of 22 filled cylinders and 22 empty cylinders of LPG was detected. It was also found from the checking of the various registers maintained at the petitioner''s shop that he was charging more price for home delivery as well as go down delivery of gas cyliners from the customers. Gas cylinders were sold in black-marketing also. The addresses of the consumers to whom cylinders were supplied on priority basis were not found to be genuine. Hence after conducting the search, the registers, books of accounts etc., empty and filled gas cylinders were seized. The matter was reported to the police and investigation is yet not completed.

Petitioners learned counsel, relying on Kala Devi alias Kala v. State of Haryana 1995(2) RCR 427 contended that the entire proceedings are illegal as the same were conducted in violation of Clause 11 of the Order. He pointed out that as per Clause 11 of the order only duly authorised and notified officers of the department of food and civil supplies can enter the petitioner''s premises for making search or for effecting seizure. He further pointed out that from a plain perusal of Clause 11(a) (iii) of the Order it is evident that if at all any empty or filled cylinders, cylinder valves, pressure regulators etc., books, registers and other records pertaining to liquified petroleum gas business are seized, they are required to be taken to the Office of the Government Oil Company and if any vehicle, vessel or other conveyance is so seized, it should be taken to the Collector having jurisdiction under the Essential Commodities Act to take action. Thus, according to him, the Officer who conducted the search had no power or authority to make such a search or seize the books of accounts etc. or cylinders etc. from the petitioner''s shop. They could have only taken these things to the office of the Government Oil Company which has given the contract of distribution to the petitioner. These Officers themselves had no authority to conduct any investigation in such a case.

The argument is devoid of any substance. Kala Devi''s case (supra) is inapplicable because in that case the police officer had conducted the search, who was definitely not authorised by the Central Government or the State Government to conduct search or effect seizure under Clause 11 of the Order. The Central Government by its notification] No. GSR 460 (E) dated May 12,1994, has authorised all Assistant Food and Supplies Officers of Haryana, State to conduct search and seizure under Clause 11 of the Order. Hence it cannot be said that the search conducted and the articles seized by the aforementioned officers were in violation of the provisions of the said order During arguments, learned AAG, Haryana informed that on August 17,1995, Deputy Commissioner, Sirsa, has already informed the fact of making search and effecting seizures to the Bharat Petroleum Corporation Limited, the Government Oil Company which has given contract of distribution to the petitioner.

The investigation is still in progress. There are allegations of black-marketing and misusing the permits issued to Members of Parliament for granting gas connection to various consumers. Under these circumstances, the proceedings are not illegal at all and it is neither legal or proper to impinge the investigation. There is no plausible reason or cause to quash the first information report and consequent investigation. Hence the petition is hereby dismissed.