- (1.)Applicant has preferred the present petition under Section 482 of the Code of Criminal Procedure, 1973 for quashing the FIR registered at crime No. 347/2015 at Police Station Madhoganj District Gwalior for the offence under Section 3/7 of the Essential Commodities Act (in short 'the EC Act').
(2.)Facts of the case in short are that the applicant is a proprietor of Bapu Indane Gas and prosecuting a gas agency of Indane gas. On 14-05-2015, the officer of Weights and Measurements empowered under the Legal Metrology Act, 2009 (hereinafter it would be referred as 'the LM Act') inspected the shop of the applicant and found that 24 gas cylinders were kept by the applicant in a vehicle MKW 2826 and on weighing 7 cylinders were found to be underweight and therefore, the case was registered under the LM Act. Thereafter, the applicant moved an application to compound the offence and the offence was compounded. After that, intimation was given to the District Supply Controller, Gwalior who sent a letter to take action against the applicant under the EC Act but the Deputy Controller of Weights and Measurements had informed that after compromise no prosecution can be initiated under the LM Act due to the provisions of Section 48(5) of the LM Act. Ultimately, the FIR was lodged by the Junior Food Supply Officer, Gwalior (Smt. Pooja Sikarwar) at Police Station Madhoganj District Gwalior for the offence under Section 3/7 of the EC Act.
(3.)I have heard learned counsel for the parties at motion stage on 25-02-2016.