Kanwaljit Singh Ahluwalia, J, - (1.) This revision petition under Section 397 read with Section 401 of the Code of Criminal Procedure, 1973, has been directed against the order dated 08.06.2001 passed by the Court of Special Judge [Essential Commodities Act], Jaipur, [for short the "Act"], whereby the petitioner has been convicted for commission of offence punishable under Section 3/7 of the Essential Commodities Act, 1955 and sentenced to undergo three months simple imprisonment and pay a fine of INR 25,000/- and in default thereof to further undergo fifteen-days simple imprisonment.
(2.) Succinctly stated the facts of the prosecution case are that on 26.10.1999 a report was lodged by Deputy Superintendent of Police, Nathsingh [PW-11] stating therein that he has received an information from A.S.I. Mohri Lal [PW-5] on 26.10.1999 at about 05:30 A.M., a Gas Cylinder in the kitchen of the petitioner had burst. Upon receiving said information, the Police party headed over by PW-11 Nathsingh, Dy.S.P. reached at the house of the petitioner, where Suresh son of the petitioner was present. On inquiry, the son of the petitioner had informed that they were not having any connection given by any Gas Agency. It is further stated that at the spot, one cylinder, burst due to explosion was found along with one empty cylinder, the broken pressure regulator, two rubber gas pipes and one gas stove.
(3.) According to the Investigating Officer, since the petitioner was not having any valid gas connection, there was a breach of Liquefied Petroleum Gas [Regulation of Supply & Distributor] Order, 1993 [for short the "Order, 1993"] and, hence, the petitioner had committed offence punishable under Section 3/7 of the Act. The above said First Information Report was investigated and the charge-sheet was submitted against the petitioner. On 14.03.2001, the petitioner was charged for breach of Clause 6 of the Order, 1993 punishable under Section 3/7 of the Act.;