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SC On Validity of License of Accused SC On Validity of License of Accused

Bronze medal Reporter Adv.vrinda Posted 3 Nov 2019
SC On Validity of License of Accused

The Bombay High CourtJustice SMT. SADHANA S. JADHAV was delivered the judgment.  The fact of the23-year-old case was  wherein the police conducted a search of the accused shop and found bogus gas regulators resulting in his conviction under Section 7 read with 3 of the Essential Commodities Act for violating sub-clause (3) of clause 6 of the Liquefied Petroleum Gas (Regulation of Supply and Distribution) Order, 1988. Justice SS Jadhav heard Talereja's appeal and held that since the appellant was not a valid license holder under the Essential Commodities Act he could not have been convicted under it. Moreover, Court held that under the Liquefied Petroleum Gas Order, an officer not below the rank of Inspector authorized by State Government and notified by the Central Government or any officer not below the rank of a Sales Officer of an Oil Company can conduct the search and seizure.

It also contemplates that the provisions of section 100 of Cr.P.C. 1973 relating to search and seizure shall apply to search and seizure under this order. Section 7 is to be read with section 3 of the Essential Commodities Act and the said charge could be applicable only in the eventuality that the accused was a holder of a valid license under the provisions of the Essential Commodities Act. Section 7 reads as; An Officer of the Department of Food and Civil Supplies of theGovernment, not below the rank of Inspector authorized by such Government and notified by the 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. Read the legal judgment in India

Read the Judgement


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