IN THE HIGH COURT OF BOMBAY AT GOA CRIMINAL WRIT PETITION NO. 26 OF 2008 SHRI. SURYAKANT K. KAVLEKAR ... Petitioner Versus STATE OF GOA THROUGH C.B.I. / A.C.B. PANAJI ... Respondent Mr. V. A. Lawande with Ms F. M. Mesquita, Advocates for the petitioner. Mr. G. Teles, Advocate holding for Mr. C.A.Ferreira, Public Prosecutor. Coram:- S.A. BOBDE, J. Date:- 6th June, 2008 P.C. 1. This is a petition U/s.482 of Cr.P.C. r/w. Article 227 of Constitution of India for quashing the chargesheet in the criminal case No.235/S/2003/C. Mr. Lawande, the learned Counsel for the petitioner submitted that the prosecution is wholly unjustified since the facts referred to in the chargesheet do not constitute an offence. 2. It must be noted that the petitioner is the proprietor of Gas Service which is the approved distributor of L.P.G. cylinder of Hindustan Petroleum Ltd. On 15.1.2000, he is alleged to have sold 12 commercial cylinders to Cafe Bhonsle without having authority or bonafide consumer subscription for such cylinders. Apparently, this sale is made also without deposit. Correspondently, in the raid at the check it was revealed that the partner of Cafe Bhonsle had received 12 commercial cylinders from the petitioner i.e. proprietor of M/s.Kavlekar Gas Service without paying any deposit but paid receipt for the same. The petitioner is, thus, charged with violation of L.P.G. Order. Before the Trial Court and the Revisional Court, the petitioner submitted that the facts allegedly do not constitute an offence, therefore, the petitioner is entitled to be discharged. The Trial Court as well as the Revisional Court have pointed out prima facie that the petitioner could not have sold the cylinders to any person who is not a consumer in the sense one who does not pay bonafide consumer subscription for gas cylinder. Apparently, the petitioner could not have sold the number of cylinders he had. Further it appears from the observations of the Revisional Court that the petitioner was entitled to distribute the cylinders only in Calangute-Saligao-Goa but has distributed cylinders to Cafe Bonsle which is in Panaji,Goa. The Lower Court has observed that the evidence on record reveals that the accused has given 134 commercial cylinders to 18 Hoteliers including Cafe Bhonsle without issuing subscription voucher and without showing them on record U/s.10 of the L.P.G. Order. At this stage, it would not be proper for this Court to go into the veracity of the evidence and to consider whether the acts of the accused constitute an offence. 3. In the circumstances, there is no merit in this petition which is hereby dismissed. S.A. BOBDE, J. SMA