RATTAN SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) This is a petition under Section 482 of the Code of Criminal Procedure for quashing the First Information Report No. 472 dated 10.11.1989 registered at Police Station Sadar Amritsar under Section 7 of the Essential Commodities Act and Section 420 of the Indian Penal Code.

(2.) The petitioner used to deal in lubricating oils before coming into force the Lubricating Oils & Greases (Processing, Supply and Distribution Regulation) Order, 1987 (hereinafter referred to as the Order) which came into force on 1.4.1987, On 10.11.1989, his house was raided by the police party headed by Assistant Sub Inspector Narinder Singh, as a result of which he was arrested on the allegation that two barrels of burnt up diesel oil were recovered from his possession and he had no licence to keep this commodity. the petitioners allegation is that per clause 8 of the order, only an Officer not below the rank of Inspector of police had been authorised to enter a place to search and seize any lubricating oil, which is likely to be used for contravention of the Order. Since, according to the petitioner, the raid in this case was conducted by Assistant Sub Inspector Narinder Singh, therefore, search and seizure were not warranted. On this ground, inter alia, the petitioner has asked for the quashing of the impugned First Information Report.

(3.) In the reply filed by the respondent, it has not been disputed that the raid was conducted by Assistant Sub Inspector Narinder Singh in this case. Nowhere in the reply has the respondent, taken up the pica that Assistant Sub Inspector Narinder Singh had been authorished to conduct the raid or effect the search.