IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.SASIDHARAN NAMBIAR WEDNESDAY, THE 10TH JUNE 2009 / 20TH JYAISHTA 1931 Crl.MC.No. 1812 of 2009(B) -------------------------------------- (CRIME NO. 393/2009 OF CHERANALLOOR POLICE STATION) ............ PETITIONER: ------------------- SHAMSUDHEEN, S/O.BAVA, AGED 58 YEARS, POTTEKKATT HOUSE, EDAYAKKUNNAM, CHERANELLOORE VILLAGE,SOUTH CHITTOOR P.O. BY ADV. MR.T.K.AJITHKUMAR (VALATH). RESPONDENTS: ------------------------ 1. STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA. 2. THE SUB INSPECTOR OF POLICE CHERANELLOORE POLICE STATION. BY PUBLIC PROSECUTOR MR. GIKKU JACOB. THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 10/06/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: prv. M.SASIDHARAN NAMBIAR, J. ================== Crl.M.C. No. 1812 of 2009-B ================== Dated this the 10th day of June, 2009. O R D E R Petitioner is the accused in Crime No.393/2009 of Cheranalloor Police for offences under Sections 3 and 7 of Essential Commodities Act, 1955 and Clauses 3, 6 and 7 of Liquefied Petroleum Gas (Regulation of Supply and Distribution) Order, 2000. Prosecution case is that on 25-4-2009 at about 1.15 PM, Sub Inspector of Cheranalloor Police Station conducted search in the residential premises of the petitioner and seized 11 LPG Cylinders and 9 pass books, after preparing seizure mahazar and based on it Annexure I FIR was prepared. This petition is filed under Section 482 of Code of Criminal Procedure to quash Annexure I FIR and Annexure II seizure mahazar contending that Sub Inspector of Police has no jurisdiction to conduct the seizure or to register FIR based on the seizure. Crl.M.C.No.1812/2009-B -2- 2. Learned Counsel appearing for petitioner and learned Public Prosecutor were heard. 3. Argument of the learned Counsel appearing for petitioner is that the only offence alleged against petitioner is violation of the provisions of Liquefied Petroleum Gas (Regulation of Supply and Distribution) Order, 2000 by keeping 11 LPG Cylinders and pass books and if that be so, Rule 13 provides the provision for entry, search and seizure and the search and seizure as provided in the said Order can be conducted only by an authorised officer and Sub Inspector of Police is not an authorised officer and therefore based on the search conducted by an unauthorised officer, FIR cannot be registered and it is to be quashed. 4. Learned Public Prosecutor pointed out that Liquefied Petroleum Gas (Regulation of Supply and Distribution) Order, 2000 does not provide for filing a complaint before the criminal court and the offences committed is under the Essential Commodities Act and any Crl.M.C.No.1812/2009-B -3- offence committed under Essential Commodities Act can be registered and investigated by the Sub Inspector of Police and the Sub Inspector of Police is thus competent to conduct search and seizure and therefore the proceedings cannot be quashed at this stage as sought for. 5. Rule 13 of Liquefied Petroleum Gas (Regulation of Supply and Distribution) Order, 2000 reads:- “13. Power of entry, search and seizure.- (1) Any Officer of the Central or the State Government not below the rank of Inspector duly authorised by a general or a special order, by the Central Government or the State Government, as the case may be or any officer of a Government Oil Company not below the rank of Sales Officer, authorised by the Central Government, may, with a view to securing due compliance of this order or any other order made thereunder,- (a) stop and search any vessel or vehicle used or capable of being used for the transport or storage of any petroleum product, (b) enter and search any place, (c) seize stocks of liquefied petroleum gas along with container and/or equipments, such as cylinders, gas cylinder valves, pressure regulators and seals in respect of which he was reason to believe that a contravention of this Order has been, or is being, or is about to be made. Crl.M.C.No.1812/2009-B -4- (2) The sales officer of a Government Oil Company shall be authorised to secure compliance of this order by the distributors appointed under the public distribution system and/or by the consumer registered by them.” 5. Rule 13 provides that any officer of the Central or the State Government, not below the rank of Inspector duly authorised by a general or a special order or any officer of a Government Oil Company not below the rank of Sales Officer is authorised to enter and search the place, seize stocks of LPG along with container and equipments. As is clear from the said order, it is made with a view to secure due compliance of the order in Liquefied Petroleum Gas (Regulation of Supply and Distribution) Order, 2000. There is no provision in the Order overriding the provisions in the Criminal Procedure Code or the Essential Commodities Act. Though Liquefied Petroleum Gas (Regulation of Supply and Distribution) Order is passed, in exercise of the powers provided in Section 3 of Essential Commodities Act it does not provide that the powers of the Sub Inspector of Police to Crl.M.C.No.1812/2009-B -5- conduct a search or seizure or registration of the case or investigation of the case under the Code of Criminal Procedure is taken away by the provisions in Rule 13 of Liquefied Petroleum Gas (Regulation of Supply and Distribution) Order as canvassed by the learned Counsel. Therefore it cannot be said that the seizure is illegal. Annexure II is not illegal. Annexure I FIR is not bad in law. Petition is dismissed. M.SASIDHARAN NAMBIAR JUDGE dkr