IN THE HIGH COURT OF JUDICATURE OF ANDHRA PRADESH : HYDERABAD TUESDAY, THE FOURTEENTH (14TH) DAY OF DECEMBER, TWO THOUSAND AND TEN Present: HON’BLE SRI JUSTICE G.V.SEETHAPATHY Criminal Petition No.12145 of 2010 Between: Barre Satyanarayana … Petitioner And: The State, rep. by SHO, Narsapur Town PS Rep. by Public Prosecutor, High Court of A.P., Hyderabad … Respondent HON’BLE SRI JUSTICE G.V.SEETHAPATHY Criminal Petition No.12145 of 2010 ORDER: This petition is filed under Section 482 Cr.P.C. for quashing proceedings against the petitioner in Cr.No.222 of 2010 of Narsapur Town PS. 2. Heard the learned counsel for the petitioner and the learned Additional Public Prosecutor for the respondent-State. Perused the record. 3. On a report given by the Sub-Inspector of Police, a case was registered against the petitioner in Cr.No.222 of 2010 of Narsapur Town PS, alleging the offences under Section 3 and 20 of A.P. Petroleum Product Control Act, 1988, Sections 3, 4, 5, 6 of A.P. Schedule Commodity Licensing Distribution Order 1982 and Sections 7 and 10 of Essential Commodities Act 1955. According to the prosecution on 21.11.2010 at about 9 p.m., on information, the Sub- Inspector of Police, Narsapur Town PS, along with his staff and mediators, reached the house of the petitioner and on seeing the police, the petitioner ran way and escaped in darkness and he was identified by other persons, who were present there and the police found 8 drums of kerosene oil each containing about 200 liters and the same was seized as it was stored by the petitioner illegally for sale in black market and panchanama was drafted and samples were taken and sent to FSL for report. According to the petitioner, he is not the fair price dealer and he is eking out his livelihood by doing carpentry work and he is falsely implicated. 4. The question as to whether or not he was fair price shop dealer and as to how he came in possession of such huge quantity of 1600 liters kerosene is a matter to be investigated. Prima-facie, the mediators’ report shows that the said huge quantity of kerosene oil was found in the premises of the petitioner and on seeing the police the petitioner ran away. Learned counsel for the petitioner would submit that the kerosene does not come under the purview of the Essential Commodities Act, or a scheduled commodity under the Act. Section 2-A of the Essential Commodities Act states that the essential commodity means, a commodity specified in the Schedule. The schedule appended to the Act among other items, includes petroleum and petroleum products. As per clause (3) of the A.P. Petroleum Products (Licensing and Regulation of Supplies) Order 1980, licence is necessary to carry on the business in petroleum products, including kerosene. Learned counsel for the petitioner would submit that the absence of such licence would not entail any penal consequences under the said petroleum products order. The Prevention of Black marketing and Maintenance of Supplies of Essential Commodities Act, 1980 contemplates that every person dealing in any essential commodity with a view to making gain in any manner which may directly or indirectly defeat or tend to defeat the provisions of the Act amounts to acting in any manner prejudicial to the maintenance of supplies of commodities essential to the community. The question as to whether or not the possession of such huge quantity of 1600 liters of kerosene oil by the petitioner is legal and sanctioned by law and what penal consequences will follow from such possession, if found illegal, are all matters to be considered after the investigation is completed. 5. Having regard to the fact that huge quantity of essential commodity of kerosene oil is seized and such possession is not accounted for by the petitioner as of now and the investigation is in the threshold stage, it is considered not a fit case to invoke the inherent powers of the Court under Section 482 Cr.P.C. and quash further proceedings in Cr.No.222 of 2010 of Narsapur Town PS. 6. In the result, the criminal petition is dismissed. ____________________ G.V.SEETHAPATHY, J Date: 14.12.2010 bss