Punjab-Haryana High Court
State Of Punjab vs Kesri Prashad And Others on 14 October, 2011
Author: Ranjit Singh
Bench: Ranjit Singh
IN THE HIGH COURT OF PUNJAB AND HARYANA
AT CHANDIGARH
Crl. Misc. No. M- 23405 of 2002
Date of decision: 14.10.2011
State of Punjab ...Petitioner
Versus
Kesri Prashad and others ...Respondents
CORAM: HON'BLE MR. JUSTICE RANJIT SINGH Present: Mr. A.S. Jattana, Addl.AG, Punjab for the petitioner/State.
Mr. Deepak Sabharwal, Advocate for the respondents.
RANJIT SINGH J.
The State has filed this petition under Section 482 Cr.P.C. to challenge the order dated 21.11.2001 passed by the Sessions Judge, Kapurthala upholding the order of discharge of respondent- accused passed by the Chief Judicial Magistrate in a complaint filed against them by the State/petitioner under Section 39 of the Standards of Weights and Measures Act read with Section 26 of the Standards Weights and Measures (Packaged Commodities) Rules, 1977 (hereinafter referred to as 'Rules') and under Section 33 read with Section 51 of the Standards of Weighment Act, 1985 (hereinafter referred to as an 'Act'). The prayer is to summon the accused-respondents to face trial.
As can be discerned from the petition, the allegation against the respondents is that they had sold and delivered underweight LPG cylinders bearing No. 925035 and 619529 to Sh. Jarmani Dass son of Sh. Hans Raj having consumer No. G 5931, Sr. No. 2639452 and Ashraf Ali son of H.A. Samid, 524 Gopal Park, Kapurthala. On weighment against the scale, the gross weight was Crl. Misc. No. M- 23405 of 2002 -2- found less by the complainant and he, accordingly, moved under Section 39 of the Act read with Section 26 of the Rules and other provisions as noticed. Inspector, Weights and Measures was duly authorized to file the present complaint, on the basis of authority delegated to him, vide notification dated 02.12.1978 issued by the Controller Legal Metrology Punjab. On the complaint having been filed by the public servant, the Chief Judicial Magistrate summoned the respondents-accused and they had appeared before the Court.
The respondents-accused moved an application under Section 245 Cr.P.C. to aver that they have been falsely implicated and no Court can take cognizance under the Act and that the provisions of the Act were not applicable to the case. Plea further was that the gas agencies are covered under the Liquified Petroleum Gas (Regulations, Supply and Distribution) 1993, which was passed under Essential Commodities Act, 1955 (hereinafter referred to as 'Commodities Act'). The respondents-accused had, therefore, pleaded that the complaint was triable and punishable under Section 7 of the Commodities Act and, thus, have been wrongly summoned under the Act. The respondents, accordingly, pleaded for their discharge.
The trial Court after making reference to the provisions of Control order 1993 passed under Section 5 of the Essential Commodities Act discharged the respondents on 26.10.1998. The petitioner/State filed revision against this order but the revisional Court had also upheld the order passed by the Chief Judicial Crl. Misc. No. M- 23405 of 2002 -3- Magistrate. Thereafter, the present petition under Section 482 Cr.P.C. has been filed by the State.
The submission that the respondents would be liable for the offence under Section 39 of the Act read with other provisions was duly considered by the trial Court. The trial Court, however, had discharged the respondents after relying upon the liquified petroleum control order. The submission that such complaint was held maintainable by this Court is also considered but it is observed that during said period, Liquified Gas Order was not in existence. The Liquified Gas Order, 1993 reads as under:-
Restriction on sale or distribution of liquified petroleum gas below the standard weight No Government oil company, distributor or parallel marketeer shall supply, sell or distribute to a consumer liquified petroleum gas in cylinders which contains less than the weight of liquified petroleum gas specified in the schedules annexed to this order.
The order specified that the liquified petroleum gas Cylinders shall not be supplied, sold or distributed to a consumer by the oil company distributor or parallel marketeer i.e. agencies which contains less than the weight specified in the schedule annexed with this order and the contravention thereof is punishment under Section 7 of the Commodities Act. It is, thus, clear that after the issuance of this control order, the offence, if any, alleged against the respondents would be chargeable and triable under the provisions of the Commodities Act. That being the position, no case for interference Crl. Misc. No. M- 23405 of 2002 -4- would be made out.
The petition is, accordingly, dismissed. The respondents are, however, left to have their remedies in accordance with law, if any, available.
October 14, 2011 ( RANJIT SINGH ) rts JUDGE