Kala Devi alias Kala vs State of Haryana

Dr. Sarojnei Saksena, J.

Petitioner''s counsel contended that the petitioner was allotted LPG Gas Agency 1990 on the ground of death of her husband, who was Assistant Commandant in C.R.P.F. The weight of the gas in gas cylinder should be 14.200 Kg. On 31.1.1994 a complaint against the petitioner from Rattan Singh Saini to SHO Police Station Shiv Mohindergarh was made. SHO Police Station Shiv Mohindergarh checked the cylinders which were being transported on camel cart. The weighment of the cylinder was done in the presence of Assistant Food and Supply Officer, Inspector and other officials. It was found that in 13 Gas Cylinders, there was less gas while in other cylinders, there was more gas than 14.200 Kg. On the basis of this weighment the case was registered against the petitioner for violating the provisions of Liquified Petroleum Gas (Regulation Supply and Distribution) JUDGMENT 1993 (in short ''JUDGMENT) read with Sections 3/7 of the Essential Commodities Act. The cylinders were also seized by the SHO. The investigation is pending.

The petitioner''s main contentions are that under Rule 11 of the said JUDGMENT the SHO of any Police Station is not authorised to take search or seize Gas Cylinder if it is suspected that any of the provisions of the JUDGMENT are violated. As per rule 12 of this JUDGMENT the provisions of this order have overriding effect. Petitioner''s counsel relying on Vijay Kumar v. State of Punjab, 1991(3) Recent Criminal Reports 525 contended that such a complaint in writing can be filed only by Director of Meterology to Judicial Magistrate. At the time of weighment even agent of the petitioner was not called. Hence, on these grounds, the prayer for quashing the FIR is made.

The learned counsel appearing for the State contended that there was a common complaint against the petitioner that while charging full price, she is supplying less gas in these gas cylinders. On the date of incident when such complaint was made by Rattan Singh Saini to the SHO/SI Mohindergarh, he immediately stopped the camel cart carrying 21 gas cylinders. They were weighed in the presence of Assistant Food and Supply Officer and it was found that in 13 cylinders gas was not of the required weight i.e. 14.200 Kg. Thus the petitioner violated the provisions of the said JUDGMENTHence, the FIR was recorded and the case is registered against the petitioner.

Vijay Kumar''s case (supra) was decided on 2.1.1991 pertaining to FIR registered under Sections 420/465/468/471 IPC, while the JUDGMENT has come into force on 3.8.1993 and Section 11 of the JUDGMENT authorises Collector having jurisdiction under the provisions of Act for taking action against all concerned if they violate the provisions of this order. From Section 11, it is evident that SI/SHO of any Police Station is not authorised to take search or to seize gas cylinders for contravening any of the provisions of this order.

In view thereof FIR No. 50, dated 31.10.1994, recorded under Section 7 of the Essential Commodities Act by the Police Station Mohindergarh is hereby quashed and this petition is accepted.