The High Court · 2025

Order

This Criminal Petition is filed under Sec:ti r r 528 of the Bharatiya NiLgank Suraksha Sanhita (for stro - BNSS') by petrtioner/ accused No.2 to quash the pr,r'cedings 1n C.C.N*o.3437 of 2023 pending on the file of Additional Junior Ci-,,il .Judgc-cum-l Additional Metropolitar Magistratr:, Cvbcrabad at L.Il.Nagar, arising out of Crime No. t04 of 2023, rcgistered for offences under Section 42O of tlre r-rdian Penal Codc, 1860 (for short 'the IPC') and Section 7(1) of the Essr:ntial Commodities Act, 1955, (for short 'thr Act, 1955') b-v l)olice Station Balapur, Rachakonda Commiss i )narate

2. Heard I\4r. Janardhan Goud Sunkari, Iea- red counsr:l for petitioner/ accused No.2 and learned Assis tant Public Prosecutor for the respondent - State. Perused he materral on record

3. On the basrs of a complaint of respondent No.2 (Sub

lnspector of Police), a crime in FIR No.4O4 of 2O2l r:amc to be 2 JAK, J cRLP 7860 2025 registered for the offence under Section 420 of IpC and Section 7(1) of the Act, 1955.

4. It is the case of complerinant that on credible information that 13 gas c1'linders (Domcstic and Commercial), were being transported in an Auto (Mahindra) bearing No.TSO7UE9479, aL Markaz. Gate. Shaheen Nagar, Balapur Mandal, information was given to superior officers and on instructions, conducted a ratd at the said place alonq with staff. Person by name Mohammed tbrahim \\,as taken into custody, on enquiry, he disclosed, he u,as transporting commercial cylinders by purchasing them, from P. Hari Krishna Goud of Bhavani Gas Agency, Mallapur and u,zrs selling cylinders to needy cllstome rs for highcr rates, lor monetary benefits. In the complaint, it is further reflected that the gas cylinders were brought to the Police Station and produced before SHO, Balapur, for necessary action.

5. A charge sheet came to be filed in the Court of I Additional Junior Civil Judge-cum-l Additional Metropolitan Magistrate, under Section 42O of IPC and Section 7 (1) of thc Act, 1955. I I I I i I I t I I I -) JAK, J cRt I, 7860 2025

6. It subm itted by learned ,) )unsel for petitioner / accused No.2 that petitioner \,'Ias rr t doing an1' such activitics as alleged in the complaint, that ., L fact he t'as transporting commercial cylinders to its cur; omr:rs from Bhavani Gas Agencr'. It is further submitted t-1t petitioner has not violated any control orders and p 3 -itioner \\IaS trar-rsporting the cvlinders for delivery to custonr' rs. It is also submittecl thaL 1L rs on the basis of confession ;tatement of Mr. Mohammed Ibral-rim, petitioner/ accused No. )is roped in as accused and said Mohammed Ibrahim is stil1 : bsconding 7 . Learned counsel submitted that the alleg: r ions are not against petitr oner and that in the charge sheer ancl in the complaint, there is allegatron or charge of viol Lliorr of an_r, control order to the extent that Bhavani Gas Ager cy has been in collusion ri.ith accused No.1 i.e., Mr. Mohamr ed Ibrahim, except lor the confessional statements of Mohammed lbrahim. Learnecl counsel placed on the judg nent in I( Subbarao and others a. State of Telart' pna1, and contended that mere mention of name in the :;nfession of AIR 20I8 SC .100!r 4 JAK, J CRLP 7860 2025 co-acclrsed without any supporting material is insuflicient to proceed against a person. B. It is submitted that name of petitioner is not mentioned alleging that he has been supplying cylinders to Mohammed Ibratrim except for confessional statements, that thcre is no other material evidence on record to hold the petitioner guilt-v of charge.

9. It is lastly submitted that there is no allcgation in tl're complaint that the cylinders which r,r'ere tai<en inro custod1,. are the cylinders supplied by Bhavani Gas Agencr.. Ir rs urged that charges levelled are without any basis ar-rd petitioner is falsely implicated. Hence, complaint be quashcd.

10. On the other hand, learned Assistant Public Prosecutor for respondent-State submitted that on credible information Sub-lnspector of Police proceeded to the locatioo i.e., ldarkaz Gate, Shaheen Nagar, Balapur Mandal, on instructions, from the superior officers to conduct the raid. That vr.hile 13 gas cylinders (commercial in nature) were being transported, Sub-lnspector of Police raided the place with staff on the shop and took one person into custody. That on enquiry, the ,1 ) JAK, J cRL r, 7860 2025 person disclose<,I hrs name as Mohammed Ibrt l.im and had stated he u,as ilJe ga1l1' transporting the commer: al cvlindcrs, purchased fronr Bhavani Gas Agency (i.e. ronr P.Hari Krishr-ra Goud) and sclling [o customers at I3h rates for morletory benefits. It is further submitted that s elling of Gas cylinders r t-r thc market at higher price ir; an offence punishable undcr Section 7(1) of the Act, 1955 rnd accused No- I along '"r'tth irccuscd No.2 have been cheatin5 the guillible public. That bcing sold in the market is a triablc ssue ald no interfe rencc' is nccessita ted. 1 1. Heard lcamed counsels, perused thc record and considered lhe sr-thm issions.

12. Cornplain t dated 2 I .OB .2023 is by Sul , Inspector of Po|ce, PS Balapur, addressed to lnspector of I),lice. Gist of the complaint is; that information was receivec that 13 gas cylir-rclers (commcrcial in nature) n,ere being trar sported in a Mahirrdra Auto bearing No.TSO7UE9479 at the :ack side of Markaz Gate, Shaheen Nagar, Balapur. The :omplainant after informing superior officers and obtaining irr;tructions to conduct raid at the said place, proceeded to the place along rvith staff and conducted raid on the shop a r d took one 6 JAK, J cRr.P 7860 2025 n person Mohammed Ibrahim who was iliegally transportir-rg the cylinders (lndane Domestic Big cylinders-0S, Indanc Commercial big full cylinders-05, Indane Domestic big empty cylindcrs-03) into custody. It defies the logic of thrs Court as to hou, the officer at one length states that the Domestic ar-rd Commercial cyiinders were being transported in Mahindra Auto, but at the same time states that he conducted raid on shop and took into custody one Mr. Mohammed Ibrahim. In an1, given circumstance, only one act is possible, either thc cylinders were taken into custody while transporting or r,r,'hen they are about to be transported from the shop, but on perusal of the complaint, it is observed that information $'as received that domestic and commercial cylinders t'cre being transported illegally in an Auto, which are contradictir-rg state ments. 1 3. It is the case of respondents that Mr. Mohammed Ibrahim/accused No.1 (who is absconding) has confessed that he purchased cylinders from P.Hari Krishna Goud, Bhavani Gas Agency, Mallapur. It is not forthcoming where the cylinders were seized, at the shop or while they vvere being transported. It is clear from the complaint that Bhavani i a i ! I ,/.. 1 JNK,J cRr-P 7860 2025 Gas Ager-icy is zrt Mallapur and the address mer tioned of the shop is at l,4ilrk:rz Gate, Shaheen Nagar, Balz pur Mandai, Ranga Reddv District. It is not clear from re complaint u,hether the cr,linders u,erc taken into custodr at the shop, on perusill oi the complair-rt, it is evident that or L : Mohammed Ibrahim \vas illcgall_t, tritnsporting the conr nercial Gas cylindcrs and it is onlr. thcn Sub-lnspector has t Lken the Gas cylinders It is also reflected in the complaint hat the said person Mohamrned Ibrahirn and Gas cylinders i,ere brought to the Police Station and produced before the li.ation House Officer for necesserry action l4 It is surprising that there is no merl ion about a seizure being m erdc in the presence of witnes:;r s. But, it is reflected that Gzrs cvlinders u.ere brought to r rlice Station along with lV{ohanrmed lbralrim. It is also rc]l:cted in the complaint that Mohammed lbrahim was taken nto custody at the shop, the zrddress ol the shop is nowhcr', mentioned. At the same time, it is alleged in the cor rplaint that Mohammed Ibrtrhim was illega1ly transJ orting the Commercial c1.lir-rders. Only one fact situation crr r be correct, either Mohammcd lbrahim was transporting Corr mercial Gas 8 JAK. J cRI_P 7860 2015 q cylinders in the Auto or he is at the shop but the compla.rnt reflects both

15. Be that ers it may, in the charge sheet, it is stated that pancharama \\ras conducted in the presence of [$,o mediators. On a perusal of the FIR and complaint, it is apparent that the cylinders r,i,ere brought to the Police Statron directing wlth Mohammed lbrahim, there is no mention of any panchanama being done at the place where the cylinders were taken into custody. Generally material objects are taken into custodl, from the place by a seizure panchanama. It is evident from FIR and complaint that the cylinders were brought to the Police Station and handed over to Station House Officer of the Police Station

16. Section 7 of the Act, 1955, reads as follows: "7. Penalties:- (1) If any person contravenes any order made under Section 3. (aJ he shall be punishable,- (i) in the case of an order made with reference to clause (h) or clause (i) of sub-section (2) of that section, wrth imprisonment for a term which may extend to one year and shall also be liable to hne, (ir) rn the case of any other order, with imprisonmcnt for a term which sha.ll not be less than three months but which may extend to seven years and shall also be liable to hne. 9 JNK,J CRLP 7860 2025 IJr,I,ided that the courL may, for any arl quate alrd special reasons to be mcntioned i r ttre judgnrent, imt;ose a sentcncc of imprisonn r, nt for a tcrnr of less than thrcc months; (bl lrny propclty in rcspcct of which the or I :r' has bt cri contravcned sh:rll be lorfeited t , the G,)\ c'rltmcnt: (cl :my package, covering or reccptacle rrr Nhich thc propertv is four.rd and any emima1, .. hicle, vcsscl or olhcr conveyancc userl in carr\ r g the prol)c.tv sh:rll, if [hc court so orders, bc fr fcited to thc Covern rnent. (2) If an.y pcrson to '"vhom a direction i; given undcr clausc (b) of sub-section (4) of sc' ir;n 3 [arls 1o comply v,,irh thc direction, he s]r rll be purusl-rable ,,r,rth imprisonmcnl for a tclnr vhich shall r-ro[ bc lcss than three months bul vhich rnin cxtend Io sc\ren 1'czrrs artd shall also b lrablc to fine . l)rovided that the court may, for arly a( ( quate and special reasons to be mcntioned i L the jurlgmcnt, rmpose a scntence of imprisonrr:r .rt for a tcr m of less thar1 threc months. (2A) II an,r, pcrson convicted of an offencc tnder sub cl:ruse (ii) of clause (a) ol sub-secLton 1) or undcr sub-scction (2) is again convictccl rf an offi:rrcr: undt:r the santc provision, he slr, Il be punishablc u,itl-r imprisonment lor the sccorr I and for c\rcry subsequcnl offence for a term ghich shall not be lcss than six months but rvhr I may ext cnd to sc\:cn -ve ars and shall also bc li r rle to hn r:: I)rovided that the court may, for any aclc and special reasons to be mcntioned r jurlgment, rmllose a sentence of imprrsonm -: a tcrm of less thal slx months. (2ti) F-or the pr-Lrposes of sub-sections (1), i2 (2A), the fact that an offence undcr sub-cla r of clausc (a) ol sub section (1) or undcr' sectiorL (2) h:rs caused no subs[antial harm , gerrcral public or to any individual shall I adcquzrte and special reason for au,an'< i sentcnce of imprisonment for a term of les; thrco months or si-r months, as the case ma., rt for ;e (ij) sub- r thc te. 2 l0 JAK, J cRl-P 7860 202_i \ $,,.: (3) Where a person having been convicted of an offence ur.rdcr sub-scction (I) is again convictcd convicted of an offence under that sub-section fr.lr contravention of an order in respect of an essential commodity, the court by which such pcrson is convicted shall, rn addition to ar.r1' penalty v. hich may be imposed on him under that sub-section, by ordcr, direct that that pcrson shall not carry on any business in that essential commodit-y for such pcriod, not being less than sx months, as may be spccificd by the Court in the Order. . " t7. As per Section 7 of the Act, 1955, any person contravening the control orders made under Section 3 shall be punishable. A perusal of the Liquefied Petroleum Gas (Regulation of Suppl1. and Distribution) Order, 2000, dated

20.O7.2OOO, issued bv Ministr-v of Petroleum and Naturai Gas (dated 26.O4.2000) specihca-lly empowers an officer not below the rank of Inspector duly authorized by a genera-l ora special order, by the Central Government or the State Government to stop, search any vessel or vehicle. Clause 13 of the said control order is as follows: " 13.Power of entry, search and seizure: (1) Any Ofhcer of the Central or the State Government not below the rarrk of Inspector duly authorized by a general or a special order, by the Central government or the State Government, as the case may be or any officer of a Government Oil Compaly not below the ralk of Salcs Offrcer, authorized by the Central Government, may, with a view to securing due compliance of this order or any other order made thereunder; I I l I r E I t I I I I I I i !t E ! I I JAK, J cRr-P 7860 2025 (zl) Stop zrnd sealch :ury vessel used or cal lblc of being used for the transport or storagr' lf a-n]' petroleum prod u ct, (b) cnter and search aly placc (c) seize stocks of liqueficd petroleum ga,q along $'ilh containcr and/or cquipments. sr ch as cylindcrs, gas cvlindcr valves, 1;r )ssure requlntors and se:rls in respect of rvhicL: re has re.isol) [o belici'c that a contraYcntior r]- this ordcr has been, or is being, or is aboll to be made. (2) Thc sales ofllcer o[ a Govcrr]ment Oil C',r epz1y shall bc authorized to secure compliarcc ,f this order by the distributors appointerl unri r the pr-rblic distribution system ald or l) c()nsumer rcgisterc(i br them.'' 1B The control ordcr has an olerriding effec - in terms ol clause 14. rvhich is as follos's " l4.Overriding effect of the Order: 'l'lre provisions o[ this ordcr shall havc overridin3 cffect notn'ithstanding an),thing containcd in anr. orclcr made by a Statc Govcrrlmcnt or a Union T: rito1, Administration. " 19 An officer not belo\tr the rank o1 Inspector is authorized to search. to stop and seize stocks of iiquefled petroleum gas €rlong with container such as <:"Inders, gas cylirlder valves, etc. In the present case, SI t I Police, PS Balapur, Rachakonda Commissionerate, in Lis complaint dated 2 1 .O8.2O23 has narrated the events th a t have taken place on 21.08.2023 at 1 1 :00 hours near Sh r reen Nagar, Balapur. As per the contents of the complaint, it is clearly 12 JAK, J CRLP 7860 2025 f\ evident that it was the Sub Inspector of Poiice who stopped, searched and seized the cl4inders from one person by name Mohammed Ibrahim/accused No.1 and it is on his confession that accused No.2 has been shown in the. FIR i.e., petitioner in this criminal petition

20. Control order authorizes an officer of the rank of Inspector cadre officer not an)' officer belorv that cadre, by any stretch of imagination Sub-lnspector of Police is not above the ralk of Inspector of Police. ln other words, it is Inspector u,ho has to carry out the procedure as laid down in the control order. It is a clear overreach by the authority who has no j urisdicLion to perlorm such acts. Any act without jurisdiction is void ab rnitio and cannot be sustained 21 . During the course of arguments, Additional Advocate General was present in the Court. [t was brought to the notice of Additiona,l Advocate General about the contents of the control order and he fairly stated that he would bring it to the notice of the concerned authorities that the authorized ofhcers shall take up the search, seizure and other operations as enumerated in thc control order ar-rd i[ at ail, if there are no such orders he shall impress upon the concerned :'. i: i. I I i I I t T T T }j'' J J,\K, J CRLP 7860 2025 I ., I I I i I f f I authoritics to pass appropriate orders rvith i r Eight (08) rveeks from the date of receipt of a cop1, of this r,: der

22. Consiciering the entire factual matri-x of he case, the submissior-ts m:Lde, the control order, this Cour is ol the vicw that continuance of the proceedings in C.C.No:437 ol 2023 per-rding on the file of I Additional Junior Civi Judge-cum-l Additional Metr,rpolitan Magistrate, C_vber:rbad Lt L.B.NagaLr, rvould bc an al;use of process of lari' and ar: [ablc to be quashcd and arc accordingll. quashed,

23. For reasons aforesaid, this Criminal Petirior is allowed Miscellaneous applications pending, if an., shall star-rcl c1o scd , SDi. (. BHAVANI SWAMY ASS ISTANT REGISTRAR G SECTION OFFICER //TRUE COPY// To, L.B.Nagar, Rangareddy District

1. The I Add . Junior Civil Judge -cum- I Addl. Metropolite r Magjstrate, 2. The Station House Officer, Balapur p.S., Rachakonda 3. One CC to Additional Advocate General, High Court at t yderabad 4. One CC to SRl. JANARDHAN GOUD SUNKART Advo; rte [OpUC] 5 Two CCs ro pUBLlc PRoSECUTOR, High court at Hyc :ra'bao (oUT) 6. Two CD Copies SN4 i S1\ t^,V HIGH COURT DATED:2510912025 ORDER ---r::::-i:_:-- ,. y -- r, t i_ -.' ,, .r ,.., l.--..- CRLP.No.7860 of 2025 I B 4 t,ic 2025 l .-.y' ,.,., ,.''- e:,,,y',. -i.i--. - ALLOWING THE CRIMINAL PETITION o,I )t') {