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rakeshfatehpur (Advocate)     07 January 2010

LPG gas 2 filled 3 empty found

 My problem as follow:-

1. 3 empty and 2 filled empty gas cylinder was found in store of my business place where utensil was there. My client business to sell the utensils.

2. there was shortage of supply of cylinders of LPG.

3.My client are 4 brothers. 3 in business in two shops. One in service.

4. The investigation officer submitted charge-sheet for sanction u/s 11 Essential Commodity Act. But control order was called. Meanwhile the investigation officer was changed. My client move an application with affidavits & relevant document that he has 4 legally authorised gas connection. Business places & their houses are with 50 yards & in same street. All gas cylinder was empty. 2 LPG refills was found on same date. The investigation officer investigate the authority letter of LPG & refill etc and found correct.

5. But District Magistrate has not take the notice of evidence collected by 2nd investigation officer & give sanction on the evidence collected by 1st investigation officer.

6. Now what remedy is with me in Cr.P.C. when I was summon by trial court ?

Kindly guide me for proper remedy?

rakeshfatehpur@gmail.com



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 3 Replies

J.D.Sharma (lawyer)     07 January 2010

i am sorry, i am not fully able to understand your question but as far i can understand i think you need to file a revision of summoning order u/s 482 crpc challenging the summoning order before the High court. There though high court will not look into the merits or demerits of the case rather it will make clear from the material on record that there was sufficient material to proceed against the persons.

kranthi kiran (Works In Judicial Department)     07 January 2010

I think your case is having used the domestic LPG for commercial purposes. If you have suffiecient proof and evidence to the effect, that you never committed such mistake, file a discharge petition.

Anil Agrawal (Retired)     07 January 2010

 Give the sequence in order. Who found them? How IO comes into the picture? Why cylinders in business prermises? Do you have licence for them? Many questions and doubts arise. Please clarify one by one.


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