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2016 Supreme(Ker) 1523

RAJA VIJAYARAGHAVAN V.
PRADEEP, S/O. RAMANKUTTY – Appellant
Versus
STATE OF KERALA REPRESENTED BY THE PUBLIC PROSECUTOR – Respondent


Advocates appeared:
BY ADV. SRI.J.ABHILASH.
BY PUBLIC PROSECUTOR SRI.AMJAD ALI.

ORDER

1. This petition is filed under section 482 of the Code of Criminal Procedure (hereinafter referred to as 'the Code' for brevity).

2. The petitioner herein is the sole accused in C.C.No.64 of 2015 on the file of the Additional Chief Judicial Magistrate Court (Economic Offences) Ernakulam. He is being proceeded against for having committed offences punishable under sections 3 and 7(1)(a)(ii) of the Essential Commodities Act, 1955 read with sections 3(1)(c) and 4(1)(a) of the Liquefied Petroleum Gas (Regulation of Supply and Distribution) Order, 2000 (hereinafter referred to as 'the LPG Order' for brevity).

3. The prosecution allegation is that on 20.12.2014 at 4.00 p.m., the Sub Inspector of Police, Ernakulam Town South Police Station, on inspection of the restaurant by name "Homely Meals" run by the petitioner, it was revealed that gas cylinders meant for domestic use were being used by the petitioner for the purpose of cooking. On these allegations, Crime No.1772 of 2014 was registered. Later, investigation was conducted and the final report was laid by the same officer before the jurisdictional Magistrate.

4. The learned counsel appearing for the petitioner submits that the Sub

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