Kalpak Natumal Shah And Others v. The State Of Maharashtra And Others.

575-15-wp=.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION CRIMINAL WRIT PETITION NO. 575 OF 2015 Mr. Kalpak Natumal Shah & Anr.

.. Petitioners v/s.

The State of Maharashtra & Anr.

..Respondents Mr. P.A. Pol a/w. S.S. Suryawanshi i/b Pol Legal Juris for the petitioners Mr. S.K. Shinde, PP a/w Mr. K.V. Saste, APP for the respondent State CORAM: RANJIT MORE & SMT. ANUJA PRABHUDESSAI, JJ.

DATED: 8th APRIL, 2015.

P.C.

1.

Heard Mr. Pol, learned Counsel for the petitioner and Mr. Shinde, learned Public Prosecutor for the respondent State. The petitioners seek quashing of the FIR No.51 of 2014, registered with Vinoba Bhave Police Station, Mumbai. The said crime is registered for the offence under Sections 3, 7, 8 and 10 of the Essential Commodities Act for contravention of the provisions of Clauses 2(p), 2(p)(q), 4(c), 8, 9, 9(c) and 10 of the Liquefied Uday S. Jagtap

575-15-wp=.doc Petroleum Gas (Regulation of Supply and Distribution) Order, 2000.

2.

We have perused the FIR. The FIR prima-facie disclose contravention of the said clauses of the Liquefied Petroleum Gas (Regulation of Supply and Distribution) Order, 2000. Mr. Pol, learned Counsel for the petitioners, however, contend that only authorized person can enter, search and seize the stock of the essential commodities. We find no merit in the contention of the learned Counsel for the petitioners, in view of provisions of Clause 13 of the Liquefied Petroleum Gas (Regulation of Supply and Distribution) Order, 2000.

3.

In the above facts and circumstances, we are not inclined to interfere with the petition. The Writ Petition is accordingly disposed of.

(ANUJA PRABHUDESSAI, J.) ( RANJIT MORE, J.) Uday S. Jagtap