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IN THE HIGH COURT OF JUDICATURE AT BOMBAY
BHARATI DANGRE, SHYAM C. CHANDAK, JJ.
Ravindra Vinayak Deshmukh – Appellant
Versus
State Of Maharashtra – Respondent
JUDGMENT :
BHARATI DANGRE, J.
1. Present Petition is filed by the Territory Manager and Territory Co-ordinator along with Manager and Deputy Manager (Operation) of Bharat Petroleum Corporation Limited (“BPCL”), being aggrieved by registration of C.R.No.3027 of 2012, registered with Uran police station on 7th December 2012, which has invoked offence punishable under Sections 3, 7, 8, 9 and 10 of the Essential Commodities Act, 1955 read with Clause 3(4) of the Liquified Petroleum Gas (Regulation, Supply and Distribution) Order, 2000.
2. On 22nd July 2014, Rule was issued in the Petition and in terms of prayer clause (b), the Investigating Agency was barred from filing the charge-sheet.
3. We have heard Mr.Nitin Pradhan, learned Counsel for the Petitioner and Mr. Prashant Jadhav, learned APP for the Respondent-Authorities.
4. The detail FIR placed on record disclose that the complaint was lodged by the Supply Office of Uran, Mumbai at Uran police station when a raid was conducted by State Level Vigilance Squad, headed by one Ratandeep Gaikwad and upon site inspection, two lacunaes were specifically noted, one being the number of cylinders found in the premises were exceeding by 8655 cylind
The absence of a prima facie case and lack of proper authorization for inspection led to the quashing of the FIR against the Petitioners under the Essential Commodities Act.
Point of Law : Under Section 7 of Act, power to impose penalty is upon Court and not on District Collector.
The court affirmed that a search and seizure under the Essential Commodities Act by authorized officers is valid, regardless of the petitioner's claims of unauthorized action and liability as a priva....
Black-marketing of Gas Cylinders – Where a power is given to do a certain thing in a certain way, thing must be done in that way or not at all.
A reasoned order is essential when framing charges under the Essential Commodities Act, ensuring judicial scrutiny of the evidence and arguments presented.
Unauthorized search and seizure by an unauthorised authority can vitiate the institution of a criminal proceeding.
The regulation of LPG pressure regulators is justified under the Essential Commodities Act as they are essential for public safety and do not infringe upon the manufacturers' fundamental rights under....
In case of seizure of scheduled commodities, for any violation or contravention of the provisions of this Order, a report of seizure shall be submitted to the Collector/Joint Collectors, as the case ....
Section 7 of Act, power to impose penalty is upon Court and not on District Collector.
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