G.S.CHAHAL, J. - (1.) THIS order shall dispose of these petitions -Crl. M.P. No. 8867 -M of 1993; Crl. M.P. No. 9188 -M of 1993 and Crl. M.P. No. 9182 -M of 1993 in which the petitioners seek concession under Section 438 Cr.P.C. for anticipatory bail in respect to a case, FIR No. 139 of 1993, registered at Police Station, Sector 31, U.T., Chandigarh.
(2.) THE impugned FIR No. 139 of 1993 was registered on the basis of an information and so far as relevant it reads as follows : - ".... That special informant informed that one Ashwani Kumar alias Mohinder s/o Harwel Singh, r/o Kabari Bazar, Ambala, Haryana and Charanjit Singh r/o Sakhna Vikas Nagar, Ludhiana and Harjit Singh alias Jeetu s/o Gian Chand, r/o Kabari Bazar, Ambala in conspiracy with each other have committed an offence by manufacturing spurious gas cylinders with the connivance of various gas agencies. After filling the gas cylinders they indulge in the business of illegal selling of these to general public on a large scale. In this business Charanjit Singh of Ahmedgarh, Distt. Sangrur, Punjab who owns a factory for manufacturing the gas cylinders sanctioned by the Govt. of India and this factory manufactures cylinders under the supervision of the officers of IOC and Ashwani Kumar alias Mohinder after buying the valves from unauthorised persons from Sadar Bazar gives these to Charanjit Singh and Harjit Singh alias Jeetu obtains the orders of sale of such spurious gas cylinders to various gas agencies and supplies the same through a fabricated 'buyer' and today Ashwani alias Mohinder started from Delhi in truck No. HR 01 -B -2381 with some spurious gas cylinders filled with gas and the valves meant to fixing on these gas cylinders for the purpose of coming to Chandigarh and is about to reach Chandigarh in a short time and if Ashwani Kumar alias Mohinder is searched along with the truck, the spurious gas cylinders and valves can be recovered from him..." Ashwani Kumar during his investigation gave information that he along with Charanjit Singh and Harjit Singh alias Jeetu had been getting manufactured duplicate gas cylinders through gas agencies and after procuring huge amount supply the same to the general public. Charanjit Singh -petitioner, had a factory at Ahmedgarh under the name and style of M/s. Punjab Gas Cylinders, which manufactures gas cylinders for different gas companies. Charanjit Singh had been manufacturing duplicate gas cylinders and Ashwani Kumar had been bringing valves from Suresh Kumar from Delhi and Harjit Singh was involved in transporting the same by preparing false goods receipts. He had supplied 360 duplicate cylinders to a shop keeper of Gujarat. He has supplied 800 valves to an agent of Charanjit Singh. In another disclosure statement he gave information of having sold 700 duplicate gas cylinders to Harmohinder Singh of Chandigarh Gas Agency and he had also sold gas cylinders to Mr. Chaudhary of Rajiv Gas Agency and 150 valves to Raman of K.P. Gas Agency.
(3.) FURTHER information about manufacturing and sale of duplicate gas cylinders was supplied by Charanjit Singh. The learned Standing Counsel for U.T. claims that besides committing other offences the petitioners have committed offences under the Essential Commodities Act also in view of notification issued under Section 3 of that Act dated 21st April, 1988, titled as the Liquefied Petroleum Gas (Regulation of Supply and Distribution) Order, 1983. Two of the rules which are relevant may be noted : "3. Restriction on possession and consumption of Liquefied Petroleum Gas : (1) No person shall be granted an Oil Company or a distributor more than one connection for consuming liquefied petroleum gas. (2) No person shall possess or use Liquefied Petroleum Gas filled in cylinders or in bulk form unless he has received supply thereof from a distributor or from an Oil Company. (3) No person shall use Liquefied Petroleum Gas except for cooking or for such other purpose as may be declared by a general or special order by the Central Government. (4) No distributor shall supply Liquefied Petroleum Gas filled in cylinders to any person other than a consumer possessing a valid authorisation from an Oil Company. (5) No person shall fill any cylinder with Liquefied Petroleum Gas from one cylinder to another or from one container to another unless authorised to do so by the Chief Controller of Explosives to the Government of India. 4. xxx xxx;