CHANDRA SHEKHAR Vs. STATE OF MP

JUDGEMENT

(1.) APPELLANTS M.S. Rana and Sanmukhdas have been convicted under section 7 of the Essential Commodities Act, 1955 for contravention of clause 4 of the Liquefied Petroleum Gas (Regulation of Supply and Distribution) Order, 1988 and sentenced to imprisonment till rising of the Court and to a fine of Rs. 2,000/ - (Rupees two thousand) each.

(2.) APPELLANTS Chandra Shekhar, Khiyaldas, Ashok Kumar, Moolchand, and Dilip Kumar have filed this appeal against the order by which the gas cylinders have been directed to be returned to Superior Sales Service, a gas agency at Balaghat.

(3.) THE trial Court had framed charge for contravention of clause 4 of the Control Order mentioned above. There was no other charge against the appellants M.S. Rana and Sanmukhdas. A reading of clause 4 shows that it provides how the gas cylinders are to be transported from one place to other. The object is that the gas cylinders should be transported in safe condition. Clause 4 does not provide that the transportation of gas cylinders from one place to the other is prohibited. The charge as framed by the trial Court against appellants M.S. Rana and Sanmukhdas is not proved. There was no breach of clause 4 and, therefore, the punishment provided under section 7 of the Essential Commodities Act, 1955 could not be imposed.