IN THE HIGH COURT OF UTTARAKHAND AT NAINITAL STAY APPLICATION NO.4554 OF 2008 IN CRIMINAL WRIT PETITION NO.570 OF 2008 M/S Kumar Motors Transport J-384, Shivalik Nagar, B.H.E.L. Haridwar. Through its sole proprietor Ashwani Kumar S/o T.R. Katara, R/o-J-384 Shivalik Nagar Haridwar …..Petitioner Versus State of Uttarakhand & two others …….Respondents Dated: 23rd July, 2008 Hon’ble Prafulla C. Pant, J. Hon’ble Dharam Veer,J. Heard Sri Nagesh Agarwal, learned counsel for the petitioner and Sri Harish Pujari, learned Addl. GA for the State/respondent nos.1 & 2. By means of this writ petition, the petitioner has sought writ in the nature of certiorari quashing the First Information Report dated 03.07.2008 registered as Crime No.02/2008, relating to the offence punishable under Section 3/7 Essential Commodities Act, with Patti Patwari Chowki Kapholsu, District Pauri Garhwal. Some 160 LPG cylinders which were being transported in a truck intercepted by the public servant and the quantity of LPG was short by 2-4 kilograms in each cylinder and there was 16 cylinders empty in the truck. It is alleged in the First Information Report that black marketing of LPG cylinders was being done by the accused. Naim, who was carrying the truck, appears to have been arrested. Petitioner is proprietor of Kumar Motors Transport Company, which provided the truck for transportation of LPG cylinders. Learned counsel for the petitioner submitted that petitioner has no role in the black marketing of LPG cylinders and petitioner is simply a transporter company. Having heard the learned counsel for the petitioner and learned Addl. GA for the State and after going through the contents of the First Information Report and other papers on record, we are not inclined to interfere with the investigation. The writ petition is dismissed summarily with the observation that if Ashwani Kumar, proprietor of the petitioner firm, is arrested or surrenders before the court concerned, in connection with the aforesaid crime, his bail application shall be heard and disposed of without unreasonable delay. (Stay Application No.4554/2008 is disposed of). (Dharam Veer, J.) (Prafulla C.Pant, J.) 23.07.2008 Arti