IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.8212 of 2008 SANJAY KUMAR SON OF LATE GANESH KAPRI, RESIDENT OF VILLAGE MOHANPUR, P.S. KHARAGPUR, DISTRICT MUNGER. . Versus THE STATE OF BOHAR . ----------- For the petitioner: M/S N.K.Agrawal,Sr. Adv. With D.N.Tiwary, Advocate For the State : Mr. Jharkhandi Upadhayay, A.P.P. ------- 5/ 19.04.2010 Heard learned counsel for the petitioner and the State. Petitioner prays for quashing the order dated 12.01.2008 passed by the Subdivisional Judicial Magistrate, Munger in G.R. Case No. 1960 of 2007 arising out of Kotwali P.S. Case No. 447 of 2007 whereby he has taken cognizance against the petitioner undersection 7 of the E.C.Act and section 420 of the Indian Penal Code. Learned counsel for the petitioner submits that section 420 of the Indian Penal Code will not be applicable in view of special provisions of Liquefied Petroleum Gas Regulation of Supply and Distribution Order, 2000 controlling trade of L.P.G. Gas. Learned counsel for the petitioner submits that Inspector of Police is not competent to make search and seizure , as he is not a person authorized to do so under Clause 13 of the Liquefied Petroleum Gas Regulation of Supply and Distribution Order, 2000. Counsel for the State submits that Inspector of - 2 - Police is competent to make search and seizure in view of section 30 of the Unification Order. The offence alleged would not come under the Unification Order, rather the same is governed by L.P.G. Regulation of Supply and Distribution Order 2000. The State Government under Clause 13 has notified persons who would be competent to make search and seizure. The Inspector of Police has not been mentioned as one of the persons who can make such search and seizure. Accordingly, order dated 12.01.2008 taking cognizance against the petitioner in G.R. Case No. 1960 of 2007, arising out of Kotwali P.S. Case No. 447 of 2007 is hereby quashed. ( Samarendra Pratap Singh, J ) BTiwary/