Madhya Pradesh High Court
Alfa Gas Agency vs The State Of Madhya Pradesh on 20 March, 2026
NEUTRAL CITATION NO. 2026:MPHC-IND:7659
1 CRR-1811-2018
IN THE HIGH COURT OF MADHYA PRADESH
AT INDORE
BEFORE
HON'BLE SHRI JUSTICE GAJENDRA SINGH
CRIMINAL REVISION No. 1811 of 2018
ALFA GAS AGENCY
Versus
THE STATE OF MADHYA PRADESH
Appearance:
Shri V.A. Katkani, learned counsel for the petitioner.
Ms. Usha Chouhan, learned GA for the respondent/State.
HEARD ON : 18.02.2026
POSTED ON : 20.03.2026
ORDER
This Criminal Revision under Section 397 of the Code of Criminal Procedure, 1973 is preferred challenging the order judgment dated 30.01.2018 passed in Criminal Appeal No.71/2016 by the Third Additional Session Judge, Ratlam Session Division Ratlam, M.P. arising out of order dated 11.02.2016 in Case No.106/Essential Commodities Act/2015 by the Additional Collector, Ratlam whereby 17 Liquefied Petroleum Gas Cylinders each weighing 14.2 Kgs. have been ordered to be forfeited to the government alternatively a fine of Rs.25,000/- has been imposed for storing the above cylinders under Section 7 r/w 3 of Essential Commodities Act, 1955 for violation of Clause 4 (c) of Liquefied Petroleum Gas (Regulation of Supply and Distribution) Order, 2000.
02. As per the prosecution case, the Junior Supply Officer, Ratlam inspected the place near Biriyakhedi, Mohan Nagar, Sakhi Bazar, Ratlam on Signature Not Verified Signed by: VARSHA SINGH Signing time: 20-Mar-26 8:06:41 PM NEUTRAL CITATION NO. 2026:MPHC-IND:7659 2 CRR-1811-2018 16.10.2015 and found 17 Liquefied Petroleum Gas Cylinders each weighing 14.2 Kgs. On query, it was found that the cylinders belongs to the revision petitioner, who is the Manager of distributor titled as Alfa Gas Agency from Hindustan Petroleum Corporation. The notice was issued to the revision petitioner. He filed the reply that due to the mistake of the staff of the agency, the cylinders were left at the place. Considering the reply of the revision petitioner, the Additional Collector, Ratlam found the revision petitioner guilty under Section 7 r/w 3 of Essential Commodities Act, 1955 for violation of Section 4 (c) of Liquefied Petroleum Gas (Regulation of Supply and Distribution) Order, 2000 and ordered to forfeit the LPG cylinders alternatively to deposit an amount of Rs.25,000/- fine.
03. The order was challenged through Appeal No.71/2016, and vide judgement dated 30.01.2018, the appeal was dismissed.
04. Challenging the order of the Additional Collector, Ratlam as well as the judgment of the Third Additional Session Judge, Ratlam Session Division Ratlam, this revision petition has been preferred on the ground that both the courts below committed error in holding that the cylinders were stored. Both the courts below have erred in appreciating that mere availability of gas cylinders is not sufficient to establish an offence under Section 7 r/w 3 of the EC Act for violation of Clause 4(c) of the LPG Order, 2000 because cylinders collected from consumers after distribution are required to be deposited in the godown.
05. Learned counsel for the respondent/State has opposed the revision petition and prayed for its dismissal.
Signature Not Verified Signed by: VARSHA SINGH Signing time: 20-Mar-26 8:06:41 PMNEUTRAL CITATION NO. 2026:MPHC-IND:7659 3 CRR-1811-2018 Heard the learned counsel for the parties and perused the record.
06. Clause 2(p) of the LPG Order, 2000 defines the "storage point" as the premises licensed by the Chief Controller of Explosives; and Clause 4(1)
(c) imposes restriction on storage of cylinder except in a cool, dry, well- ventilated and accessible place under cover, away from boilers, open flames, steam pipes or any potential source of heat. The place where the cylinders were found was neither licensed by the Chief Controller of Explosives as per Clause 2(p) of the LPG Order, 2000 nor was as per Clause 4(1)(c) of the LPG Order, 2000 and the reply filed by the revision petitioner does not justify the violation of the above rule 4(1)(c) of the LPG Order, 2000. Accordingly, this revision petition has no substance and is hereby dismissed.
(GAJENDRA SINGH) JUDGE VS Signature Not Verified Signed by: VARSHA SINGH Signing time: 20-Mar-26 8:06:41 PM