- (1.) EARLIER on 10/10/2012, time was granted to the State for filing counter affidavit. When it was not filed, again time was given on for filing counter affidavit. At the same time, an order was passed that if on the next date counter affidavit is not file, the matter would be decided on the basis of the materials available on the records. In spite of that no counter affidavit has been filed.
(2.) IN such situation, heard the learned counsel appearing for the petitioner and the learned counsel for the State on the merit of the case. This application has been filed for quashing of the order dated 09/06/2011, passed in Sidhgora P.S. Case No. 49 of 2011 (G.R. No. 829 of 2011), whereby and whereunder the then Chief Judicial Magistrate, Jamshedpur, took cognizance of the offence punishable under Section 414 of the Indian Penal Code, Section 7 of the Essential Commodities Act, Section 9 (B) of the Explosive Substance Act and Sections 3, 4, 5 and 7 of L.P.G. (Regulation of Supply and Distribution) Order, 2000.
(3.) LEARNED counsel appearing for the petitioner submits that on the allegation that the petitioner was found in possession of 5 empty L.P.G. Cylinders as well as some filled up cylinders without having any kind of license, a case was registered as Sidhgora P.S. Case No.49 of 2011 (G.R. No.829 of 2011) under Sections 414 of the Indian Penal Code and also under Section 9(B) of the Explosive Substance Act as well as under Sections 7 of the E.C. Act for contravention of the provisions of Sections 3, 4, 5, and 7 of the L.P.G. (Regulation of Supply and Distribution) Order, 2000. On submission of the charge sheet, cognizance of the offences as aforesaid has been taken, which is quite illegal as under L.P.G. (Regulation of Supply and Distribution) Order, 2000, the Officer of the Central Government or State Government below the rank of Inspector of Police is not competent to make search and seizure, but in this case search and seizure has been effected by the Officer of the rank of A.S.I. and thereby, any prosecution launched for violation of the provision of the aforesaid Order, on the basis of the seizure made by the Officer, below the rank of Inspector of Police would be illegal.;