IN THE HIGH COURT OF JUDICATURE AT PATNA
Cr.Misc. No.32054 of 2008
Arvind Kumar Singh @ Arvind Kumar, son of Sri Bachchu Lal Singh, village Karmaini, PS
Kargahar, Dist. Rohtas - Petitioner.
Versus
State Of Bihar
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2 1.7.2011 Heard learned counsel for the parties.
This application has been filed for quashing the FIR of
Sasaram (T) Ps Case No. 74/2007 under section 7 of the Essential
Commodities Act which was instituted on the written report of the
Circle Officer by the Supply Inspector, Sasaram alleging therein
that the petitioner was utilizing the gas cylinder for the purpose of
running his Maruti Car bearing registration no. WB-02G-9154.
Prior to the lodging of the aforesaid FIR, a case was
also instituted under sections 177, 179, 196, 190(2), 192A of the
Motor Vehicles Act and sections 22/28 of the Motor Vehicle Tax
Act.
In the said case the allegation is that the petitioner had
not paid tax and was using the vehicle. It is said that the gas meant
for commercial purpose should be utilized for the purposes or
running the car with the help of gas. The petitioner accepted his
guilt and accordingly was fined which is apparent from Annexure
2, dated 21.2.2007.
In this case cognizance under section 7 of the Essential
Commodities Act is wholly misplaced in view of the fact that no
offence is made out. It is not the case of any one that the petitioner
was not entitled to retain or keep a gas cylinder. It is not the
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allegation that he had kept the gas cylinder for the purpose of
black marketing. In such circumstances this court finds that no
case is made out under section 7 of the Essential Commodities
Act.
I accordingly quash the impugned order and this
application is allowed.
haque ( Sheema Ali Khan, J.)