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2014 Supreme(Tri) 361
IN THE HIGH COURT OF TRIPURA
Deepak Gupta, CJ.
Ashim Bal - Appellant
Versus
State of Tripura - Respondent
Crl. Rev. P. 50 of 2010Decided On : 12-11-2014
For the Petitioner:B. Choudhury, S.C. Majumder and J.P. Saha, Advocates.
For the Respondents: R.C. Debnath, Addl. P.P.
The judgment establishes the importance of authorized possession and transportation of essential commodities, emphasizing the legal provisions prohibiting unauthorized possession and transportation of LPG cylinders.
Headnote:
Essential Commodities Act - Unauthorized Possession of LPG Cylinders - Essential Commodities Act, 1955, Section 7(a)(i)
Fact of the Case:
The accused was found in unauthorized possession of 19 LPG cylinders without proper authorization or license. He was convicted under section 7(a)(i) of the Essential Commodities Act, 1955.
Finding of the Court:
The court upheld the conviction, rejecting the accused's claims of being a carrier for authorized consumers and challenging the seizure of the cylinders.
Issues: Unauthorized possession of LPG cylinders, validity of seizure, authorization for possession and transportation of cylinders.
Ratio Decidendi: The court emphasized the need for authorized handling and transportation of LPG cylinders to prevent black marketing and ensure safety. It highlighted the legal provisions prohibiting unauthorized possession and transportation of LPG cylinders.
Final Decision: The petition was dismissed, and the accused was directed to surrender to undergo the imposed sentence.
JUDGMENT
Deepak Gupta, CJ.1. This revision petition is directed against the judgment dated 14-05-2010 passed by the learned Additional Sessions Judge, Belonia, South Tripura in Criminal Appeal No. 09 of 2010 whereby he dismissed the appeal filed by the present petitioner and upheld the judgment dated 25-03-2010 passed by the learned Sub-Divisional Judicial Magistrate, Belonia, South Tripura in G.R. 397 of 2007 convicting the accused of having committed an offence punishable under section 7(a)(i) of the Essential Commodities Act, 1955 and sentenced him to suffer simple imprisonment for 1 (one) month and also to pay fine of Rs. 5,000/- (rupees five thousand) and in default of payment of fine to undergo further imprisonment for one month.
2. The undisputed facts are that on 30-09-2007 at about 1-30 p.m., PW-1 Ranjit Kr. Das accompanied by the Sub-Divisional Magistrate and Addl. Sub-Divisional Magistrate of Belonia stopped one jeep bearing No. TR-03-2785 which was proceeding towards Hrishyamukh from Belonia side. In this 19 filled Liquefied Petroleum Gas cylinders (LPG cylinders) were being carried by the accused Ashim Bal. The accused failed to produce any license or other document or authority of any authorised person permitting him to carry such gas. The accused was also found in possession of 19 consumer books issued in the name of 19 separate consumers from "Santi Gas Agency". However, there was no record or entry of those cylinders being issued in favour of the petitioner either in "Santi Gas Agency" or in the consumer books found in the custody of the accused. The accused was, therefore, charged to be in unauthorized possession of the LPG cylinders. He has been convicted as aforesaid and hence, this petition.
3. Sri B. Choudhury, learned counsel for the petitioner, has raised three submissions before me. His first submission is that the accused was only a carrier. He has explained "carrier" to mean that he was the representative of the 19 consumers whose consumer books he was carrying and according to learned counsel, these 19 consumers had authorised him to collect the cylinders from "Santi Gas Agency" and the accused had only collected the cylinders on behalf of the consumers. His next submission is that in the consumer books/blue books, the entries were not made because on 30-09-2007 the owner of the "Pilak Gas Agency" had expired and, therefore, as per the statement of PW-3 the entries were not made in the blue books. His last submission is that no proper seizure has been made in terms of Section 102 of the Code of Criminal Procedure.
4. Before considering the submissions, it would be pertinent to mention that the Central Government has notified an order known as the Liquefied Petroleum Gas (Regulation of supply and Distribution) Order, 2000 (hereinafter referred to as the order). This order came into force in the State of Tripura on 12-07-2000.
5. Under clause 2(b), "consumer" has been defined as follows:-
"2(b). "consumer" means a registered person, firm, company, institution, association of persons, co-operative society or organisation, who has been granted liquefied petroleum gas connection or supply, either in bulk or in cylinder, by a distributor or a Government oil company or a parallel marketeer;"
Therefore, a consumer is only that person(s) who has been granted a liquefied petroleum gas connection whether in bulk or in cylinder.
6. Clause 2(d) defines "delivery person" as follows:-
"2(d). "delivery person" means a person engaged by a distributor of a Government Oil Company or a parallel marketeer to deliver liquefied petroleum gas in cylinder to consumers;"
Therefore, "delivery person" has to be person engaged by the Oil Company or parallel marketeer. There can be no delivery person of the consumer.
7. Clause 2(q) defines "transporter" as follows:-
"2(q). "transporter" means a person authorised by a Government Oil Company, parallel marketeer or a distributor for transportation of LPG in bulk or in cylinders and also of emp
