UTTAM KUMAR ROY Vs. STATE OF TRIPURA

JUDGEMENT

(1.) This petition filed under Section 397 read with Section 401 of the Code of Criminal Procedure, 1973 (Cr.P.C. hereunder) is directed against the judgment and order dated 29.11.2016 delivered in Criminal Appeal No. 08 of 2016 by the learned Additional Sessions Judge, Khowai Judicial District, Khowai.

(2.) The facts are as follows: on 29.08.2012 at about 6 O'clock in the evening, a team of officials of the Food, Civil Supplies and Consumer Affairs Department led by Sankar Narayan Das, Deputy Collector and Magistrate, carried out a raid at the Teliamura extension counter of M/S Ashirbad Gas Agency run by the petitioner and found stored therein 40 domestic empty LPG cylinders and 3 filled & 1 empty commercial LPG cylinders unauthorizedly. The petitioner having failed to produce valid document authorizing storage of the said commodities, Shri Ranjit Das, Inspector (Food) [PW-3] seized those gas cylinders in presence of witnesses. After seizure, the LPG cylinders were kept in the godown of M/S United Gas Agency at Karailong, Teliamura after procuring a zimmanama from Shri Sujit Deb, manager of the said gas agency and on the following day he lodged a written FIR with the Officer-in-charge of Teliamura Police Station alleging that the petitioner had committed breach of 'The Liquefied Petroleum Gas (Regulation of Supply and Distribution) Order, 2000' and thereby committed an offence punishable under Section 7(1)(a)(ii) of The Essential Commodities Act, 1955 (the EC Act, hereinafter).

(3.) Based on his FIR, Teliamura P.S. Case No.108 of 2012 under Section 7(1)(a)(ii), EC Act was registered against the petitioner and investigation of the case was taken up.