D.K.SINHA, J. - (1.) THE petitioner, Gurdayal Singh Bhatia @ Gurdayal Singh has preferred this petition under Section 482 of the Code of Criminal Procedure for setting aside the impugned cognizance order of the offence as taken against him under Section 7 of the E.C. Act.
(2.) THE prosecution story in brief is that the informant, Rajesh Emanuel Patro, Nazarat, Deputy Collector, East Singhbhum, Jamshedpur, raided the hotel premises, popularly known as "New Chhappan Bhog" of the petitioner on 28.9.2005 wherein it was found that 14.2 Kg. of L.P.G. Cylinder, which was meant for domestic purpose, was being used for commercial purposes, in contravention of the Provision of Liquefied Petroleum Gas (Regulation of Supply and Distribution) Order, 2000. Four L.P.G. Gas Cylinders being weighed 14.2. Kg. each with one regulator and two gas stoves were seized in presence of the witnesses. 37
(3.) The main contention of Mr. S.L. Agarwal, the learned Counsel appearing for the petitioner is that search and seizure were made in contravention of Clause 13 of L.P.G. (Regulation of Supply and Distribution) Order, 2000. Clause 13 speaks about the power of entry, search and seizure: (1) Any Officer of the Central or the State Government not below the rank of Inspector duly authorised by a general or a special order, by the Central Government or the State Government as the case may be or any officer of Government Oil Company not below the rank of Sales Officer, authorized by the Central Government, may, with a view to securing due compliance of this Order or any other order made thereunder: (a) stop and search any vessel or vehicle used or capable of being used for the transport or storage of any petroleum product. (b) enter and search any place. (c) seize stocks of liquefied petroleum gas along with container and/or equipments, such as cylinders, gas cylinder valves, pressure regulators and seals in respect of which he has reason to believe that a contravention of this order has been, or is being, or is about to be made. (2) The sales officer of a Government Oil Company shall be authorized to secure compliance of this Order by the distributors appointed under the public distribution system and or by the consumer registered by them.;