IN THE HIGH COURT AT CALCUTTA CRIMINAL REVISIONAL JURISDICTION APPELLATE SIDE PRESENT:

THE HON’BLE JUSTICE UDAY KUMAR CRR No. 3302 of 2022 Dharam Raj Yadav -Vs-

The State of West Bengal For the Petitioner : Mr. Anirban Dutta Mr. Mahesh Joshi Mr. Sandeep Joshi For the State : Mr. Debasish Roy Ms. Rita Datta Hearing concluded on : 31.01.2025 Judgment on : 28.03.2025 UDAY KUMAR, J.: –

1. Petitioner has prayed for quashing of the criminal proceeding being Behala Police Station/EB Case No. 04 of 2020 dated 16th January, 2020, registered under sections 7 (i)(a)(ii) of the Essential Commodities Act,1955, pending before the Court of Learned Additional Chief Judicial Magistrate, South 24-Parganas at Alipore and the order of cognizance taken on 26th July, 2021 on the charge sheet being number 106 of 2020 dated 28.05.2020 in connection with AEBGR- 06/2020 and the summons issued to the petitioner.

2. Consequent to the secret information received from credible source, Sibram Dutta, Sub-Inspector of Enforcement Branch (Fuel Section) along with officers and staffs of the Enforcement Branch, and police, raided Hotel Maa Ambey, at 184 Roy Bahadur Road Kolkata 34, in between 13.55 to 14.52, on 16th January, 2020. During raid they recovered 7 pieces of domestic gas cylinder of I.O.C.L, one iron made oven fitted with regulator from the kitchen of said hotel and seized them in presence of local witness between 14.20 to 14.40 hours, as those domestic gas cylinders were used for cooking food for commercial purposes. One Dharam Raj Yadav introduced himself as an owner of the hotel, was present there throughout the raid, search and seizure.

3. Paragraph 8 of West Bengal Cooking Gas (Licensing and Control) Order, 1985, hereinafter referred to as the Order 1985 prohibits commercial use of domestic gas cylinder in a hotel for cooking foods. Similar provision is made under paragraph 3(c) of Liquefied Petroleum Gas (Regulation and Supply and distribution) order 2000, hereinafter referred to as the Order 2000. It restricts an unauthorized possession, supply, consumption and use of liquefied petroleum gas for any purpose other than for which the consumer is registered with the distributor of a Government Oil Company. Thus, use of domestic gas cylinders in violation of these restrictive provisions are made punishable under the Essential Commodities Act

1955.

4. Consequently, Sibram Dutta informed the incident to the Officer-in-charge of the Behala Police Station by filing his written complaint, upon which Behala Police Station Case No. 04 of 2020, dated 16th January, 2020 under Section 7 (i)(a)(ii) Essential Commodities Act, 1955, was started against petitioner Dharam Raj Yadav, and the same was endorsed to S.I. Goutam Saha, Fuel Section, Enforcement Branch, for investigation. After completion of investigation, I.O. submitted a charge sheet under Section 7 (i)(a)(ii) of Essential Commodities Act, 1955, on 28th May, 2020.

5. On the basis of said charge sheet, Learned Additional Chief Judicial Magistrate, Alipore, South 24 Parganas, had taken cognizance of the offence under Section 7 (i)(a)(ii) of Essential Commodities Act, 1955, on 26th July 2020; and ordered to issue summons against the sole charge-

sheeted accused Dharam Raj Yadav.

6. As the complaint was filed by an officer below the rank of Inspector, is violative of the mandate of the Order 1985 and Order 2000, the proceeding is not maintainable and is liable to be set aside or quashed.

7. Mr. Anirban Dutta, Learned Advocate for the petitioner contented that Paragraph-13 of Liquefied Petroleum Gas (Regulation of Supply and Distribution) Order, 2000, dated 26th April, 2000, provides that an officer not below the rank of Inspector, is only authorized for inspection of any premises, search and seizure of articles. Here the raid, search and seizure were conducted by S.I. Sibram Dutta, an officer below the rank of Inspector, who was not competent or authorized under the Order 2000, for that. As such the proceeding amou