Punjab-Haryana High Court
Nirmala Devi And Others vs State Of Haryana on 5 September, 2011
Author: Sabina
Bench: Sabina
Crl. Misc. No. M-36141 of 2007 (O&M) -1 -
IN THE HIGH COURT OF PUNJAB AND HARYANA
AT CHANDIGARH.
Crl. Misc. No. M-36141 of 2007 (O&M)
Date of Decision: 05.9.2011.
Nirmala Devi and others ........Petitioners
Vs.
State of Haryana ......Respondent
CORAM: HON'BLE MRS. JUSTICE SABINA
Present: Mr. P.S.Hundal, Senior Advocate with
Mr. Dheeraj Mahajan, Advocate
for the petitioners.
Mr. Amandeep Singh, Asstt. A.G., Haryana
for the respondent.
.....
SABINA, J.
Petitioners have filed this petition under Section 482 of the Code of Criminal Procedure, 1973 ('Cr.P.C.' for short) for quashing of the FIR No. 283/2006 dated 22.11.2006 under Section 7 of the Essential Commodities Act, 1955 and Section 120-B of the Indian Penal Code, registered at Police Station Matlauda, District Panipat (Annexure P-1) and report under Section 173 Cr.P.C. dated 12.2.2007 (Annexure P-2).
Learned senior counsel for the petitioners has submitted that earlier the husband of the petitioner No.1 was the proprietor of M/s Gharaunda Gas Service, Gharaunda, Karnal. After his death, petitioner No.1 Nirmala Devi was appointed as the sole proprietor of the distributorship of M/s Gharaunda Gas Service, Gharaunda. From the certificate dated 14.2.2007 Crl. Misc. No. M-36141 of 2007 (O&M) -2 - (Annexure P-5), it is evident that the petitioner No.1 was allowed to supply gas cylinders to other customers residing at adjoining places to the Panipat Refinery Township/CISF Complex falling under District Panipat. Hence, no offence was made out against the petitioners.
Learned state counsel, on the other hand, has submitted that the occurrence in the present case was dated 22.11.2006. On the said date, petitioner No.1 was not authorised to supply gas cylinders to the customers outside district Karnal.
After hearing learned counsel for the parties, I am of the opinion that the instant petition deserves dismissal.
The prosecution story in brief is that on 22.11.2006, SI Ramesh Kumar received an information that the gas cylinders were being sold in black market on the Refinery Township road in the area of village Dadlana. On the basis of the said information, the police party reached the spot. In the house of Rajiv @ Raju in village Dadlana, a tractor along with trolley loaded with the gas cylinders was found. One Maruti Van bearing No. HR-20C-0014 with gas cylinders was also parked there. The person sitting on the tractor disclosed his name as Pardeep and person sitting in the trolley disclosed his name as Sukhbir Singh. The person sitting in the van disclosed his name as Rajiv @ Raju. The said persons could not produce any document authorising them to sell the gas cylinders in the village.
A perusal of letter dated 06.4.1998 (Annexure P-3) reveals that the petitioner No.1 was made the sole proprietor of the distributorship on account of death of her husband Suraj Bhan who was the sole proprietor of the distributorship. The Crl. Misc. No. M-36141 of 2007 (O&M) -3 - certificate dated 14.2.2007 (Annexure P-5) reads as under:-
"This is further to the Certificate issued to M/s Gharunda Gas Service, Gharunda (District Karnal) vide ref: KAO/Gharunda dt. 28.11.2006. We certify that M/s Gharunda Gas Service has been authorised to supply LPG refills and to provide all services of LPG to Indian Oil Employees residing at Panipat Refinery Township/CISF Complex, Panipat since their inception.
In addition to above, the facilities have also been extended to other customers residing at adjoining places to the Panipat Refinery Township/CISF Complex falling under District Panipat. The certificate is issued to the distributor on her specific request for showing to various officials of Haryana Government on demand and to provide uninterrupted refill supplies/LPG services to the customers detailed above."
Thus, a perusal of the above certificate reveals that initially M/s Gharaunda Gas Service, Gharaunda was authorised to supply Liquefied Petroleum Gas ('LPG' for short) to Indian Oil employees residing at Panipat Refinery Township/CISF Complex Panipat since their inception. In addition to that they were also allowed to supply LPG refills to other customers residing at adjoining places to the Panipat Refinery Township/CISF Complex falling under District Panipat. The said letter is dated 14.02.2007. However, the FIR in question was registered on 22.11.2006. Learned senior counsel for the petitioner has failed Crl. Misc. No. M-36141 of 2007 (O&M) -4 - to substantiate his plea by showing any document to the effect that the petitioner No.1 was authorised to supply gas cylinders to the customers from village Dadlana. In these circumstances, at this stage it would not be just and expedient to quash the criminal proceedings. The petitioners would be at liberty to take up all the pleas available to them during trial.
No ground for interference by this court is made out. Dismissed.
(SABINA) JUDGE September 05, 2011 Gurpreet