HARMOHINDER KAUR SANDHU,J - (1.) ON 18.9.1992 case F.I.R. No. 33 was registered against the petitioner at Police Station, Division No. 3, Jalandhar, at the instance of Assistant Sub-Inspector Darshan Singh, who reported that while patrolling at Doaba Chowk he received information that Raj Kumar son of Daulat Ram, a resident of Mohalla Krar Khan, Police Station Division No. 1, was preparing and selling furnace oil by mixing Tar-coal, diesel and kerosene oil at an open place which was at the back side of Sharp Paint Industry, situated on Shashi Nagar road. On receipt of this information he sent a ruqa to the police station for registration of a case through constable Manjit Singh and himself proceeded to the spot for conducting raid. Assistant Sub- Inspector Darshan Singh then sent Mangal Dass to summon some Inspector from the District Food Controller's Office for joining the raiding party, but as none was available above the rank of Inspector of Civil Supply Department due to closure of the office, so he himself proceeded to the spot and conducted the raid after joining one witness Mukesh Kumar escaped but some drums containing faked furnace oil were seized, which were produced before the Station House Officer Naresh Kumar of Police Station Division No. 3. The petitioner has filed this petition for quashing of the first information report recorded against him under Section 7 of the Essential Commodities Act on the ground that investigation of the case had not been conducted by a duly authorised person. It was pleaded that according to Punjab Light Diesel Oil and Kerosene Dealers Licensing Order, 1978 a police official of the rank of Assistant Sub-Inspector is not at all competent to conduct the raid and the raid conducted by Assistant Sub-Inspector Darshan Singh was in contravention of the mandatory provisions of that order so any proceedings arising out of the raid conducted by an unauthorised officer were not sustainable in the eyes of law.
(2.) IN the return filed by the respondent this fact was admitted that a case under Section 7 of the Essential Commodities Act was registered against the petitioner at the instance of Assistant Sub-Inspector Darshan Singh, but it was contended that after the drums were produced before Sub-Inspector Naresh Kumar, he took over the investigation and statements of the witnesses were recorded by him. The learned counsel for the petitioner referred to Clause 15 of the Punjab Light Diesel Oil and Kerosene Dealers Licensing Order, 1978, which reads as follows :- "Clause 15 : Power of entry, search and seizure, etc. (1) The Director, the District Magistrate, the Assistant Director Food and Supplies, the Inspector or any other officer not below the rank of Sub-Inspector of Police may with a view to securing compliance with the provisions of this order or to satisfying himself that the provisions of this Order have been complied with and with such assistance, if any, as he thinks fit----- (a) enter upon and inspect any business premises of a dealer or any premises on which he has reason to believe that Light Diesel Oil or Kerosene or both have been, are being or are likely to be kept, stored, distributed, disposed of or to and from which light diesel oil or kerosene have been or are being or are likely to be removed or transported ; (b) stop and inspect any vehicle or animal on which light diesel or both are being carried for sale, supply or storage or any other purposes ; (c) seize light diesel oil or kerosene both found in possession of such dealer or in any vehicle or on any animal in respect of which he has reason to believe that a contravention of this Order, has been, is being or is about to be committed; and (d) seize any record pertaining to light diesel or kerosene or both in respect of which he has reason to believe that contravention of this Order has been or is being or is about to be committed. (2) Every person (including his agent or servant) incharge of the vehicle or animal or premises which is searched or is sought to be searched under the provision of sub-clause (1) shall allow the authority making the demand an access to such vehicle, an oral or premises and shall also answer truthfully and to the best of his knowledge or belief all questions put to him. (3) The provisions of the Code of Criminal Procedure, 1973 (Central Act No. 2 of 1974) relating to search and seizure under this clause." 4. From the perusal of the above clause it is apparent that only the officers mentioned therein are competent to enter upon or search any premises of the dealer or any premises of which such officer has reasons to believe that light diesel oil or kerosene or both have been or being are likely to be kept stored, distributed or disposed of in contravention of the provisions of the Order. An officer below the rank of Sub-Inspector had no authority to enter any premises and make search and seize the articles. In Harpal Singh and others v. State of Punjab, 1991(3) Recent Criminal Reports 307, where search and seizure was made by one Assistant Sub-Inspector in a case relating to the contravention of the Order referred above, it was held that the entire proceedings taken under Clause 5 of the Order by Assistant Sub- Inspector stood vitiated as no police officer below the rank of Sub-Inspector of Police was competent to conduct search etc. Same view was taken in Criminal Misc. No. 1829-M of 1993, Ranjit Singh v. The State of Punjab, decided on 13.8.1993 by G. S. Chahal, J. Since contravention of the Clause referred above vitiates the entire proceedings, I accept this petition and quash first information report No. 33 dated 18.9.1992 registered at Police Station, Division No. 3, Jalandhar. ;