G.P.Mathur, J. - (1.) This writ petition under Article 226 of the Constitution of India has been filed for quashing the F.I.R. lodged on 8.1.1997 under Section 3/7. Essential Commodities Act [for short. E. C. Act), which has been registered as Case Crime No. 58 of 1997 at Police Station Civil Lines. Allahabad.
(2.) Ram Sharan Rai, Regional Food Officer along with three Supply Inspectors conducted an inspection of the shop of Krishna Sweets House, situate at 28/1, Mahatma Gandhi Marg, Civil Lines on 8.1,1997. They found that a domestic L.P.G. Indane gas cylinder having a capacity of 14.2. kg. was being used for preparation of sweets, samosas and namkeen. Bansh Raj, an employee of the shop gave a statement before the inspecting team that there was only one cylinder of 14.2 kg. capacity in the shop and the sweets and namkeen were being prepared from the same. No document regarding the gas cylinder was shown. The cylinder as well as the regulator were seized and a F.I.R. was lodged at Police Station Civil Lines alleging violation of the Liquefied Petroleum Gas [Regulation of the Supply and Distribution] Order. 1993 (for short the Control Order). A case was thereafter registered as Case Crime No. 58 of 1997, under Section 3/7 of the E. C. Act against Shyam Chaddha who is the proprietor of the shop.
(3.) The case set up in the writ petition is that Krishna Sweet House has a commercial gas connection having consumer S.V. No. 780466 and on the date of incident i.e.. 8.1.1997, a commercial gas cylinder was received by it. The employees of the shop resided in the back portion thereof and they used to prepare their food by a domestic gas cylinder. The petitioner also owns a domestic gas connection in his own personal name and the said cylinder was being used by the employees of Krishna Sweet House for cooking their food. The petitioner claims that the provisions of the Control Order have not been violated and consequently, no offence under Section 3/7 of the E. C. Act has been committed by him.;