AVTAR SINGH & ANR. versus STATE OF PUNJAB

Citation: [2023] 3 S.C.R. 639 · Decided: 23-03-2023 · Supreme Court of India · Disposal: Appeal(s) allowed

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Judgment (excerpt)

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AVTAR SINGH & ANR.
v.
STATE OF PUNJAB
(Criminal Appeal No. 1711 of 2011)
MARCH 23, 2023
[ABHAY S. OKA AND RAJESH BINDAL, JJ.]
Essential Commodities Act, 1955: s. 7 – Penalties – Appellants
in unauthorized possession of gas cylinders – Conviction and
sentenced u/s. 7, by the courts below – Appellants’ case that gas
cylinder were seized by sub-inspector of the police, who was not
authorised to do so – On appeal, held: Where a power is given to
do a certain thing in a certain way, the thing must be done in that
way or not at all – Other methods are necessarily forbidden – In
the absence of the authority and power with the Sub-Inspector to
take action as per the Order, the proceedings initiated by him totally
unauthorised and have to be struck down – Thus, the order passed
by the courts below set aside – Liquefied Petroleum Gas (Regulation
of Supply and Distribution) Order, 1988 – Clause 7.
Dharani Sugars and Chemicals Ltd. v. Union of India
and Ors. (2019) 5 SCC 480 : [2019] 6 SCR 307 –
referred to.
Case Law Reference
[2019] 6 SCR 307
referred to
Para 15
CRIMINAL APPELLATE JURISDICTION: Criminal Appeal No.
1711 of 2011.
From the Judgment and Order dated 15.01.2010 of the High Court
of Punjab & Haryana at Chandigarh in CRLA No.562-SB of 1997.
Ms. Shalu Sharma, Vishal Arun Mishra, U M Tripathi, Ms. Harshita
Nigam, Saurabh Sharma, Kishorilal Pyarelal Gupta, Ujjwal Bhardwaj,
Hitesh Shahi, Yashshavi Sharma, Khushhal Agarwal, Ayush Panwar,
Advs. for the Appellants.
Karan Sharma, Rishabh Sharma, Mohit Siwach, Rohit Kaliyar,
Advs. for the Respondent.
[2023] 3 S.C.R. 639
639
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SUPREME COURT REPORTS
[2023] 3 S.C.R.
The Judgment of the Court was delivered by
RAJESH BINDAL, J.
1. The judgment of the High Court of Punjab & Haryana in Criminal
Appeal No. 562-SB of 1997 dated January 15, 2010 is under challenge
in this Appeal.
2. The appellants are aggrieved of their conviction under Section
7 of the Essential Commodities Act, 1955 (hereinafter referred to as
‘the Act’).
3. The Trial Court vide judgment and order dated July 8, 1997 had
convicted the appellants and directed them to undergo imprisonment for
a period of six months alongwith fine of ` 500/- each.
4. The facts, as are available on record, are that on 26.02.1995,
Sub-Inspector of Police alongwith other police officials was present at
bus stop, Phagwara. They received a secret information that the appellants
were indulging in selling gas cylinders in black. They were charging
` 250/- (Rs. two hundred and fifty only) instead of the prescribed rate of
` 102/-(Rs. one hundred and two only). Their truck bearing No.
HR-05A-4918 was parked in front of Chawla Auto Workshop. Finding
the information to be reliable, FIR was registered and police officials
went at the spot and apprehended the accused. They were taken into
custody.
5. In the evidence led before the trial court, none of the independent
witnesses or the alleged buyers of the cylinders in black supported the
case of the prosecution. It was only two official witnesses who deposed
in favour of the prosecution.
6. The only charge which could be proved was unauthorized
possession of gas cylinders on the basis of which the trial court convicted
the appellants and ordered imprisonment.
7. The order passed by the trial court was upheld in appeal by the
High Court.
8. The sole argument raised by the learned counsel for the
appellants is that in terms of Liquefied Petroleum Gas (Regulation of
Supply and Distribution) Order, 1988 dated 08.03.1988 (hereinafter
referred to as ‘ the Order’), entry and seizure should be in exercise of
the powers under clause 7 of the Order. Clause 7 of the Order authorises
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certain persons to stop and search any vessel or vehicle which the officer
has reason to believe has been or is being or is about to be used in
contravention of the order.
9. Clause 3 of the Order restricts unauthorised possession of gas
cylinders. The submission is that as per clause 7, an officer or the
Department of Food and Civil Supplies of the Government, not below
the rank of an Inspector authorised by such Government and notified by
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
or a State Government and notified by the Central Government may,
with a view to ensure compliance with the provisions of the Order, for
the purpose of satisfying himself that this order or any order mad

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