The High Court quashed criminal proceedings against the petitioner because the Sub-Inspector of Police who conducted the search lacked statutory authority under Rule 13 of the LPG Order, 2000 to act without specific government authorization.
All further proceedings against the petitioner in C.C No.171 of 2015 are quashed.
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.
IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT
THEHONOURABLEMR.JUSTICERAJAVIJAYARAGHAVANV
FRIDAY,THE9THDAYOFJUNE2023/19THJYAISHTA,1945
CRL.MC NO. 1277 OF 2021
CC 171/2015 OF JMFC - VIII, ERNAKULAM (TEMPORARY)
PETITIONER/ACCUSED:
LIVIN
AGED36YEARS
S/O.THEOJOSEPH,KATTITHARAHOUSE,KANIYAMBUZHA
CROSSROAD,VYTTILA,POONITHURAVILLAGE,
ERNAKULAM,PIN-682038
BYADVS.
S.RAMESH(VAIKOM)
SMT.KAVYAP.PRASAD
RESPONDENTS/COMPLAINANT:
1 STATE OF KERALAREPBYITSPUBLICPROSECUTOR,HIGHCOURTOFKERALA,
ERNAKULAM-682031
2 STATION HOUSE OFFICE, PANANGAD POLICE STATION, ERNAKULAM-682 506SRIMPPRASHANTH,PUBLICPROSECUTOR
THISCRIMINALMISC.CASEHAVINGCOMEUPFORADMISSIONON
09.06.2023,THECOURTONTHESAMEDAYPASSEDTHEFOLLOWING:
Crl.M.C No.1277 of 2021
2
ORDER
The petitioner is the accused in C.C No.171 of 2015 on the file of the Judicial Magistrate of the First Class-VIII, Ernakulam. The aforesaid case has arisen from Crime No.2313/11 of the Panangad Police Station registered inter alia under Section 3(1)(c), 4(1)(a) of the LPG (Regulation of Supply and Distribution) Order, 2000 and also under Section 3 of the Essential Commodities Act.
Crl.M.C No.1277 of 2021
3
learned counsel relies on the decision of this court in Abdul Hameed v.
Station House Officer, Cherupulassery Police Station [2013 (2) KHC
386] to buttress her submission.
Order, 2000 reads as follows:
"13 Power of entry, search and seizure:- (1) Any officer of the Central or the State Government, not below the Rank of the Inspector duly authorized by a general or special order, by the Central Government or the State Government, as the case may be or any officer of a Government oil company not below the rank of Sales Officer, authorized by the Central Government, may, with a view to securing due compliance of this order or any other order made thereunder:
(a) Stop and search any vessel or vehicle used or capable of being used for the transport or storage of any petroleum product,
(b) Enter and search any place
(c) Seize stock of liquefied petroleum gas along with container and /or equipment, such as cylinders, gas cylinder valves, pressure regulators and seals in respect of which he has reason to believe that a contravention of this order has been, or is being, or is about to be made."
the State Government, not below the rank of Inspector duly authorized by a
Crl.M.C No.1277 of 2021
4
general or special order by the concerned Government, has the power of entry, search, and seizure of the articles covered by the Rule.
another v. State of Punjab ( Judgment dated 23.3.2023 in Crl
Appeal No 1711 of 2011 ) had occasion to consider identical issues. It was held in paragraphs 14 to 16 of the judgment as under
Having regard to the above, the petitioner is entitled to succeed. This petition will stand allowed.
Crl.M.C No.1277 of 2021
5
All further proceedings against the petitioner in C.C No.171 of 2015 on the file of the Judicial First Class Magistrate Court-VIII, Ernakulam, are
quashed.
Sd/-
RAJA VIJAYARAGHAVAN V., JUDGE
IAP
Crl.M.C No.1277 of 2021
6
APPENDIX OF CRL.MC 1277/2021
PETITIONER’SANNEXURES:
ANNEXURE-A1CERTIFIEDCOPYOFTHEFIRSTINFORMATION
REPORTINCRIMENO.2313/2011OFERNAKULAM
PANANGADPOLICESTATIONDATED22.12.2011
ANNEXURE-A2TRUECOPYOFLIQUEFIEDPETROLEUMGAS
REGULATIONOFSUPPLYANDDISTRIBUTION
ORDER2000
ANNEXURE-A3TRUECOPYOFTHEJUDGMENTINABDULHAMEED
VSTATIONHOUSEOFFICERCHERPULASSERY
POLICESTATION2013(2)KHC386
ANNEXURE-A4CERTIFIEDCOPYOFFINALREPORTFILEDIN
CRIME2313/2011
2 issues framed by the court
Whether a Sub-Inspector of Police has authority under Rule 13 of the LPG (Regulation of Supply and Distribution) Order, 2000 to conduct search and seizure without specific authorization by the Governm
Whether proceedings initiated by an unauthorised officer under the LPG Order and the Essential Commodities Act must be stricken down.
Colour shows how this judgement treated each authority
Abdul Hameed v. Station House Officer, Cherupulassery Police StationReferred¶25
Abdul Hameed v. Station House Officer, Cherupulassery Police Station [2013 (2) KHC 386]
Avatar Singh and another v. State of PunjabReferred¶40
Avatar Singh and another v. State of Punjab ( Judgment dated 23.3.2023 in Crl Appeal No 1711 of 2011 )
Dharani Sugars and Chemicals Ltd. Vs. Union of India and Ors.Referred¶43
Dharani Sugars and Chemicals Ltd. Vs. Union of India and Ors. (2019) 5 SCC 480 · Who else cites this
3 provisions across 2 enactments
LIVIN
STATE OF KERALA
STATION HOUSE OFFICE, PANANGAD POLICE STATION
Raja Vijayarghavan V.
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
Raja Vijayarghavan V.
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