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2023 Supreme(Ker) 53

MURALI PURUSHOTHAMAN
Sunitha Jaffer – Appellant
Versus
District Collector Collectorate, Kakkanad – Respondent


Advocates:
Advocate Appeared:
For the Petitioner: A. Rajasimhan.
For the Respondent: Jacob E. Simon.

JUDGMENT :

MURALI PURUSHOTHAMAN, J.

1. The petitioner is the distributor of Liquefied Petroleum Gas (for short ‘LPG’). Attributing certain irregularities in the storage of LPG cylinders, Ext.P2 show cause notice was issued to the petitioner by the District Collector. The petitioner submitted Ext.P4 explanation stating that there is no irregularity or illegality in the stock of LPG cylinders. Later, the petitioner was issued with Ext.P5 notice of hearing and she appeared before the respondent and reiterated her contentions in Ext.P4. However, the respondent passed Ext.P6 order imposing a fine of Rs. 5,000/- under Sections 3, 6 and 7 of the Essential Commodities Act, 1955 (for short ‘the Act’) and Sections 8 and 10 of the Liquefied Petroleum Gas (Regulation of Supply and Distribution) Order, 2000 (for short ‘the Order, 2000’). Ext. P6 is challenged inter-alia on the ground that the District Collector has no authority to convict or impose fine on the petitioner under Sections 3, 6 and 7 of the Act and Sections 8 and 10 of the Order, 2000.

2. A counter affidavit is filed on behalf of the respondent wherein it is stated that the District Collector is competent to take prosecution steps und

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