Digitally 2025:CGHC:58502-DB signed by ANURADHA NAFR ANURADHA TIWARI TIWARI Date:

2025.12.03

15:13:16 +0530 HIGH COURT OF CHHATTISGARH AT BILASPUR CRMP No. 3668 of 2025

1 - Subhash Jaiswal S/o Ganesh Prasad Jaiswal Aged About 62 Years R/o Old High Court Road Shankar Bhawan, P.S. City Kotwali, Distt.- Bi-

laspur C.G.

2 - Lav Kumar Yadav S/o Late Shri Lalla Ram Yadav Aged About 38 Years (Wrongly Mentioned As Dindayal Yadav In The Impugned Order), R/o Kekti Rajpur, Bilaspur, Distt. Bilaspur C.G. (Wrongly Mentioned As Deendayal Yadav Gali Mangla, Thana Civil Line, Distt. Bilaspur C.G.)

... Petitioners versus

1 - State of Chhattisgarh Through Station House Officer P.S. Civil Lines, Distt- Bilaspur C.G.

2 - Food Inspector, Distt. Bilaspur C.G.

... Respondents (Cause-title taken from Case Information System)

Order on Board

Per Ramesh Sinha , Chief Justice

03.12.2025

1 Heard Mr. Tanmay Thomas, learned counsel for the petitioners as well as Mr. Soumya Rai, learned Panel Lawyer, appearing for the State/respondent No.1.

2 The present petition has been filed by the petitioner with the following relief(s):-

“(i) Quash and set aside the cognizance order dated 24.03.2025 passed in Criminal Case No. 13513/2025 pending before the Learned Chief Judicial Magistrate, Bilaspur, Distt Bilaspur (C.G.) for the offence punishable under Section 3, 7 of Essential Commodity Act, (ii) Quash and set aside the Final Report bearing No. 222/2025 dated 28.03.2025 filed by Police Civil Lines, District- Bilaspur (C.G) before Learned Chief Judicial Magistrate, Civil Lines, Bilaspur, Distt Bilaspur (C.G.) in Crime No. 1278/2024 for offence punishable under Section 3, 7 of Essential Commodity Act, 1955.

(iii) Quash the entire criminal proceedings arising out of the Crime No. 1278/2024 for offence punishable under Section 3, 7 of Essential Commodity Act, 1955 pending before the Learned Chief Judicial Magistrate, Bilaspur, Distt - Bilaspur (C.G.) in Criminal Case No. 13513/2025.

(iv) Pass such other or further order(s) as this Hon'ble Court may deem fit, proper and just in the facts and circumstances of the present case, to secure the interest of justice.”

3 Mr. Tanmay Thomas, learned counsel for the petitioners, submits that the impugned prosecution is wholly unsustainable in law as well as on facts. He submits that the allegations levelled in the memorandum dated 23.12.2024, as well as in the subsequent Final Report, do not disclose any ingredients constituting an offence under Sections 3 and 7 of the Essential Commodities Act, 1955. It is further submitted that the petitioners are authorised distributors of Indane LPG and have never indulged in any act of hoarding, black-marketing or unauthorised distribution of domestic LPG cylinders. He further submits that the entire case of the prosecution is founded upon a misconceived assumption arising out of the accidental fire incident dated 15.12.2024 at Baldau Kitchen Care, Chantidih, Sarkanda, which, even as per the material collected, bears no nexus with any alleged act of the petitioners. The statement of the shop owner, Shri Baldau Sahu, only indicates that a domestic cylinder had been procured from the distributor, which by itself does not constitute any violation of the LPG (Regulation of Supply and Distribution) Order, 2000.

4 Mr. Thomas submits that the alleged inspection at the premises of co-accused Lav Kumar Yadav, even if taken at face value, does not establish that any unauthorised distribution or storage was carried out by the petitioners. The material relied upon by the prosecution is vague, lacking in foundational facts, and fails to demonstrate any mens rea or overt act attributable to the petitioners so as to attract penal liability under the Essential Commodities Act. Accordingly, learned counsel submits that continuation of the cr