IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT TUESDAY, THE 3RD JUNE 2008 / 13TH JYAISHTA 1930 Crl.MC.No. 2041 of 2008() ------------------------- CRIME NO.86/07 OF KANNAVAM POLICE STATION. PETITIONER: 4TH ACCUSED ----------------------- ABDUL SALAM, S/O.MAMMU KEEZHUTTE HOUSE, VELLAMUNDA, MANANTHAVADY TALUK, WAYANAD DIST. BY ADV. SRI.SUNIL NAIR PALAKKAT SRI.K.N.ABHILASH SMT.R.LEELA RESPONDENTS: COMPLAINANT & STATE -------------------------------- 1. THE REVENUE DIVISIONAL OFFICER, R.D.O. OFFICE, THALASSERY, KANNUR DIST. 2. THE CIRCLE INSPECTOR OF POLICE, KUTHUPARAMBA CIRCLE, KOOTHUPARAMBA, KANNUR DIST. BY P.P. SRI. K.C. SANTHOSH KUMAR. THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 03/06/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: R. BASANT, J. ------------------------------------------------- Crl.M.C. No.2041 of 2008 ------------------------------------------------- Dated this the 3rd day of June, 2008 ORDER The petitioner is arrayed as the 4th accused in a crime registered alleging offences punishable under Sec.3 read with the Sec.7 of the Essential Commodities Act and Clause (4) of the LPG Regulation of Supply and Distribution Order, 2000. 2. The crux of the allegations against the petitioner is that in a vehicle belonging to him the 1st accused was found transporting unauthorisedly LPG cylinders intended for domestic consumption by consumers. This, it is alleged, was done unauthorisedly by the 1st accused on behalf of the petitioner in a vehicle belonging to him. It is alleged that the attempt was to dispose of the gas cylinders for commercial use contrary to the provisions of law. There is a further allegation that the vehicle was found consuming LPG as its fuel. It is Crl.M.C. No.2041 of 2008 -: 2 :- alleged that there was no valid authority to justify such use. 3. The learned counsel for the petitioner contends that the allegations are not justified and that no order has been issued under Sec.3 of the Essential Commodities Act to make the alleged acts punishable. 4. Notice was given to the learned Public Prosecutor. The learned Public Prosecutor opposes the application. The learned Public Prosecutor submits that the petitioner and his driver had no authority to use LPG cylinders intended for domestic consumption by consumers as fuel in the petitioner's vehicle. It is further contended that the petitioner and his driver had no legal authority to possess and transport the gas cylinders. These acts are punishable as per the orders issued under Sec.3 of the Essential Commodities Act. The relevant orders are: Clauses (4), (6) and (7) of the LPG Regulation of Supply and Distribution Order, 2000 and LPG (Restriction on use) order, 1974. The learned Public Prosecutor submits that notwithstanding the alleged inadequacy and inexactitude in the quoting of the relevant provisions of law in the FIR, it can be Crl.M.C. No.2041 of 2008 -: 3 :- seen that the allegations, if accepted, would amount to offences punishable under Sec.3 read with Sec.7 of the Essential Commodities Act in conjunction with the two orders referred above. 5. I am called upon to invoke and exercise the extraordinary inherent jurisdiction available to me under Sec.482 of the Cr.P.C. I am not persuaded to agree that any circumstances exist which can justify or warrant the invocation of such extraordinary inherent jurisdiction. I shall carefully avoid any detailed discussions on merits about the acceptability of the allegations or the credibility of the data collected. Suffice it to say that I find merit in the submission of the learned Public Prosecutor that the allegations, if accepted, must certainly persuade this Court to feel that a detailed investigation is necessary in the matter. The learned Public Prosecutor submits that, in fact, investigation is complete and the final report has already been prepared and filed. I am not, in these circumstances, persuaded to invoke the jurisdiction under Sec.482 of the Cr.P.C. This Crl.M.C. is accordingly dismissed. Crl.M.C. No.2041 of 2008 -: 4 :- 6. The learned counsel for the petitioner submits that he wants to take steps to claim interim release of the gas cylinders concerned. He shall be at liberty to take appropriate steps in accordance with law to claim such release. Such request must be considered in accordance with law by the authorities concerned. Sd/- (R. BASANT, JUDGE) Nan/ //true copy// P.S. to Judge