The Gauhati High Court dismissed a Criminal Petition seeking to quash a criminal case under Section 7 of the Essential Commodities Act regarding LPG black marketing, holding that the prima facie case was made out.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
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GAHC010136742023
THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : Crl.Pet./843/2023
LAKHI DEORI
W/O AMAL KR. DEORI
R/O VILL- HOUSE NO. 14, RODALI PATH JANAKPUR CHARIALI, P.O. KAHILIPARA, P.S. DISPUR, DIST. KAMRUP (M), ASSAM
VERSUS
THE STATE OF ASSAM AND 2 ORS. REP. BY THE PP, ASSAM
2:THE DEPUTY COMMISSIONER SONITPUR TEZPUR ASSAM
3:THE INSPECTOR
FOOD
CIVIL SUPPLIES AND CONSUMER AFFAIRS SONITPUR TEZPUR ASSA
Advocate for the Petitioner : MR. R P HAZARIKA
Advocate for the Respondent : PP, ASSAM
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BEFORE HONOURABLE MR. JUSTICE ARUN DEV CHOUDHURY
ORDER
Date : 11-10-2023
None appears for the petitioner on call. None did represented the petitioner when the matter was listed on 16.08.2023 and 20.09.2023. However, Ms. S H Bora, learned Addl. PP is present.
The hon’ble Apex Court in the case of Taj Mohammad Vs. State of Uttar Pradesh and others arising out of SLP (Crl) 5298/2023 while relying on the earlier decision of the hon’ble Apex Court in the case of Madan Lal Kapoor v. Rajiv Thapar reported in 2007 7 SCC 625 and Bani Singh v. State of U.P reported in 1996 4 SCC 720 under its order dated 1.08.2023 provided that even in absence of a party or his council a Criminal Petition can be considered in merit in accordance with law for consideration.
The present application is filed under section 482 Cr.P.C, 1973 for quashing the CR Case No.161/2022 under Section 7 of the Essential Commodities Act, 1955 with a further prayer to quash the offence report No.SSM-16/SEIZURE of LPG Cylinder/2021/97.
Perused the FIR as well as the offence report which is quoted as follows:
“With due regard I beg to state that today i.e., 5/8/21, I along with my colleagues by police force of your outpost raided a shop of pachmile bazaar, where we found 34 nos of LPG domestic cylinder from the possession of one Azizur Rahman meant for black marketing. In this connection Azizur Rahman the accused confessed in writing that he used to purchase the cylinder from the delivery boys of M/S Kuki Gas Service Gotonga, M/S Limsee
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Gas Service, Kelekibari near NRL petrol pump. In this connection I request you to take legal action against Azizur Rahman and concerned authority of both the gas agencies under the section of essential commodity Act as well as IPC 1860. Further I have ceased the entire 41 nos of cylinders kept in MOHABHAIRAB GAS SERVICE.
This is for your kind and necessary action.”
A reading of the FIR as well as the offence report as a whole and taking the same to be true, a prima facie case under section 7 of the Essential Commodities Act is made out.
In view of the above, this court is not inclined to interfere with the observations made in the CR Case No.161/2022 and accordingly the same stands dismissed.
Comparing Assistant
1 issue framed by the court
Whether the Criminal Petition filed under Section 482 CrPC deserves interference or quashing of the CR Case under Section 7 of the Essential Commodities Act.
Colour shows how this judgement treated each authority
Taj Mohammad vs. State of Uttar Pradesh and OthersExplained¶21
Taj Mohammad Vs. State of Uttar Pradesh and others, SLP (Crl) 5298/2023
Madan Lal Kapoor v. Rajiv ThaparReferred¶21
Madan Lal Kapoor v. Rajiv Thapar, 2007 7 SCC 625 · Who else cites this
Bani Singh v. State of U.PReferred¶21
Bani Singh v. State of U.P, 1996 4 SCC 720 · Who else cites this
2 provisions across 2 enactments
LAKHI DEORI
THE STATE OF ASSAM
THE DEPUTY COMMISSIONER SONITPUR
THE INSPECTOR FOOD CIVIL SUPPLIES AND CONSUMER AFFAIRS SONITPUR
ARUN DEV CHOUDHURY
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
