Madras High Court
Unknown vs C.Shanmugam on 28 January, 2016
Author: C.T. Selvam
Bench: C.T. Selvam
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 28.01.2016
CORAM:
THE HONOURABLE MR. JUSTICE C.T. SELVAM
Crl.R.C.No.128 of 2016
&
Crl.M.P.No.889 of 2016
1. The Inspector of Police
Civil Supplies C.I.D
Salem
(Crime No.146 of 2013)
2. The Additional District Magistrate-cum-
District Revenue Officer
Namakkal ... Petitioners
vs.
C.Shanmugam
S/o.Chidambaram ... Respondent
Criminal Revision filed under Section 397 r/w 401 Cr.P.C. against the judgment of acquittal passed by the Additional District and Sessions Court, Namakkal setting aside the proceedings of the District Revenue Officer, Namakkal dated 28.05.2013 in Na.Ka.No.11380-2013 (F-3).
For Petitioner : Mr.C.Iyyapparaj
Government Advocate (Crl.Side)
*****
O R D E R
Challenging the judgment of learned Additional District and Sessions Judge, Namakkal, passed in C.A.No.24 of 2013 on 12.02.2014, whereunder the respondent was acquitted of charges u/s.4(1)(c) of LPG (RSD) Order 2000 r/w. 7(1) a(ii) of the Essential Commodities Act, 1955, the present revision has been filed.
2. The prosecution case was that when the Revenue Divisional Officer conducted inspection on 22.04.2013, they found that 777 LPG Cylinders were stored in the JK Constructions situated at Old Bye Pass Road, Velur Town, Paramati, which belongs to the petitioner herein, without obtaining proper permission. Upon the complaint of the Revenue Divisional Officer, the Inspector of Police, Civil Supplies, C.I.D, Salem registered a case under Section 4(1)(c) of the Liquefied Petroleum Gas (Regulation of Supply and Distribution), Order 2000. After enquiry, the said cylinders and vehicles bearing Registration Nos.TN-28-K-1840, TN-34-L-5109, TN-34-A-2027 and TN-34-S-1813 were confiscated by the District Revenue Officer, Namakkal. On completion of investigation, the District Revenue Officer, Namakkal passed an order of confiscation in Na.Ka.No.11380 2013 [F-3] dated 16.08.2013 confiscating the above 777 cylinders and 4 lorries. Against the said order of confiscation, the accused preferred an appeal in C.A.No.24 of 2013, which came to be allowed on 12.02.2014. Against which, State has preferred the present revision.
3. Heard learned Government Advocate (Crl.side) for State.
4. In allowing the appeal filed against the order of the District Revenue Officer passed in Na.Ka.No.11380 2013 [F-3] on 16.08.2013, the Court below, on facts, found that the cylinders, which came to be seized, were under transport under due licence by the owner of a Gas Agency and in the course of transit, the vehicle developed a snag, as a result of which, help was sought from the Hindustan Petroleum Corporation and the Hindustan Petroleum Corporation had sent four vehicles and the cylinders had been transferred thereto. As regards the contention of the petitioner that if the respondent's case be true, they could have been in possession of only 660 cylinders and not a total number of 777 cylinders, which came to be seized, it has been found that there was no material in support of such contention, viz., that the respondent legally could have transported only 660 cylinders. It was the revision petitioner's case that the cylinders came to be seized when the respondent sought to transfer the cylinders from one vehicle to others. As regards the place where cylinders allegedly to have been wrongly stored, it was found that the second accused in the case had disowned ownership of the property. Further, no evidence has been let in by examination of local witnesses towards informing for how long such practice of storage had been done. This Court finds no reason to interfere with the order of Court below.
In the result, the Criminal Revision stands dismissed. Consequently, the connected miscellaneous petition is closed.
28.01.2016 Index :Yes/No Internet:Yes gpa To
1. The Additional District and Sessions Court Namakkal
2. The District Revenue Officer Namakkal C.T. SELVAM, J gpa Crl.R.C.No.128 of 2016 & Crl.M.P.No.889 of 2016 28.01.2016