The Trial Court vide judgment and order dated July 8, 1997 had convicted the appellants and directed them to undergo imprisonment for a period of six months alongwith fine of 500/- each. In the evidence led before the trial court, none of the independent witnesses or the alleged buyers of the cylinders in black supported the case of the prosecution. The submission is that as per clause 7, an officer or the Department of Food and Civil Supplies of the Government, not below the rank of an Inspector authorised by such Government and notified by Central Government or any officer not below the rank of a Sales Officer of an Oil Company, or a person authorized by the Central Government or a State Government and notified by the Central Government may, with a view to ensure compliance with the provisions of the Order, for the purpose of satisfying himself that this order or any order made thereunder has been complied with, is authorised to carry out such exercise/seizure.
On the other hand, learned counsel for the State submitted that the appellants have been found in unauthorized possession of the gas cylinders. Power of entry, search and seizure:- an officer or the Department of Food and Civil Supplies of the Government, not below the rank of an Inspector authorised by such Government and notified by Central Government or any officer not below the rank of a Sales Officer of an Oil Company, or a person authorized by the Central Government or a State Government and notified by the Central Government may, with a view to ensuring compliance with the provisions of this Order, for the purpose of satisfying herself that this order or any order made thereunder has been complied with: Stop and search any vessel or vehicle which the Officer has reason to believe has been, or is being or is about to be, used in the contravention of this Order; Enter or search any place with such aid or assistance as may be necessary; Seize and remove with such aid or assistance as may be necessary, the entire quantity of any stock of liquefied petroleum gas in cylinders, cylinder valves and pressure regulators, alongwith the vehicles, vessels or any other conveyances used in carrying such stock if he has reason to suspect that any provision of this Order has been or is being or is about to be, contravened in respect of such stock and thereafter take or authorise the taking of all measures necessary However, nothing has been placed on record to support the argument that the Sub- Inspector of the Police was authorised to take action under the aforesaid Order. Oka]………………….J. [Rajesh Bindal] New Delhi 23.03.2023.
Case Title: AVTAR SINGH Vs. THE STATE OF PUNJAB (2023 INSC 280)
Case Number: Crl.A. No.-001711-001711 / 2011
