S.S.GREWAL, J. - (1.) THIS petition under Section 482 of the Code of Criminal Procedure, 1973, relates to quashment of first information report No. 179 dated 16.8.1993, against the petitioners under Sections 420/406 of the Indian Penal Code.
(2.) ACCORDING to the allegations in the impugned first information report, it was alleged on the basis of special informer that the petitioners have opened an office for Gas Booking in the name of M/s. Haryana Gas Service, opposite New Anaj Mandi, Ambala and have started booking for supply of LPG Gas. The petitioners are collecting Rs. 300/- each by issuing Gas Connections in the names of individual persons by making false promises for supplying the LPG Gas connections whereas they are collecting 20 to 22 thousand rupees each from persons for allotting dealership of their company even though petitioners have not obtained any licence or authorisation letter from the Govt. or from the Food and Supplies Department, for booking LPG or for supply of LPG connections. Thus the petitioners were minting money by deceiving people on false assurances by posing as owners of Gas Agency. In the return filed by the State of Haryana, it was pleaded that vide notification dated 28.4.93 issued by the Central Government, Ministry of Commerce import of Liquefied Petroleum Gas is permissible by all persons without obtaining a licence. However, it was pleaded that in the present case there was no agreement with any company from abroad. Neither the petitioners nor M/s. Hemkunt have intimated the Central Government in the Ministry of Petroleum and Natural Gas, about their intention to engage in the import, transportation, bottling, marketing, distribution or sale of liquefied petroleum gas, nor, they have obtained any licence under the Indian Explosives Act, 1884 for storage of LPG, and, without fulfilling these mandatory conditions, the petitioners and M/s. Hemkunth Gases Pvt. Ltd., Bhatinda are not legally competent to store or supply LPG Gas to the public. Such agreements with the intending consumers to give gas connections or for giving dealership after collecting money from them by playing deception shall amount to cheating as well as for committing criminal breach of trust.
(3.) THE learned counsel for the parties were heard. For the sake of convenience the relevant provisions of the parallel marketing system as well as maintenance of records and furnishing of information by parallel marketeer, contained in gazette notification No. G.S.R. 529(E) dated 3rd August, 1993, issued by Ministry of Petroleum and Natural Gas in exercise of powers conferred by Section 3 of the Essential Commodities Act, 1955, are reproduced as under :- (j) "Parallel marketeer" means any person, firm, company, institution, association of persons, Co-operative Society or organisation carrying on the business of importing, refining, producing, bottling, marketing, distributing and selling liquefied petroleum gas under the parallel marketing system; (k) "Parallel marketing system" means the system other than the public distribution system, under which a parallel marketeer imports, transports, bottles, distributes or sells in bulk or in retail, packed or filled in cylinder, liquefied petroleum gas under his own arrangement; 10. Maintenance of records and furnishing of information by parallel marketeer : (a) Every parallel marketeer before commencing the import, transportation, bottling, marketing, distribution or sale of liquefied petroleum gas shall intimate to the Central Govt. in the Ministry of Petroleum and Natural Gas his intention to engage in all or any one of the above activities specifying therein capability to do so, and other relevant particulars. (b) The parallel marketeer of liquefied petroleum gas shall submit a monthly return before the 15th day of the following month giving details of liquefied petroleum gas imported port-wise, to the Central Government in the Ministry of Petroleum and Natural Gas. (c) The parallel marketeer shall furnish to the Central Government in the Ministry of Petroleum and Natural Gas, or to such authority as may be specified by that government in this regard, such other information as may be required. ;