whether purchasing kerosene oil from illegal shop is crime?
yogesh
(Querist) 16 January 2011
This query is : Resolved
Sir,
Kerosene oil comes under essential commodities act and only authorised shopkeepers are given licenses to sell the same
If the purchaser buys the kerosene oil from the shopkeeper who sell it under black rated price whether purchasing of such oil from the shopkeeper is crime ?
Adv. Satyendra kumar chauhan
(Expert) 16 January 2011
no mere buying for yours use does not bring you in purview of law as a accused so keep buying as long you wish if you can afford black rated price kerosene.
But most important thing is the moral of society and social people so you better try to complain against that person. society does not govern by law alone, it is the wishes and acts of individual which makes society worth living. PLEASE DO THINK ABOUT THAT ASPECT TOO.
mahendrakumar
(Expert) 16 January 2011
I differ from the above on one aspect.
if you are caught with kerosene,and if you have no proof to show about the source of purchase/bill,you can be charged for the same.
However,the chances of getting caught is very remote,if the quantity is less.
yogesh
(Querist) 16 January 2011
The seller never issued the bills .
In India how many shop keepers used to give the bills to their customers?
People used to rely upon the kerosene oil in case of non availability of gas cylinders and cannot expect to follow the principles
The Govt provide the subsidy to the BPL only?
What about the middle class? If follows law then he will face starvation and only remedy is to buy from the black marketer
Kirti Kar Tripathi
(Expert) 16 January 2011
this not a legal query but is practical problem prevailing in or country.so answer required to be practical. thus i am agree with Mr. Makkad.
yogesh
(Querist) 16 January 2011
How it can be under section 202 of IPC?
Section 202. Intentional omission to give information of offence by person bound to inform
Whoever, knowing or having reason to believe that an offence has been committed, intentionally omits to give any information respecting that offence which he is legally bound to give, shall be punished with imprisonment of either description for a term which may extend to six months, or with fine, or with both.
Its more civil rather prosecuting under Criminal Law?
mahendrakumar
(Expert) 17 January 2011
Mr.Yogesh, you asked this question knowingly the answer?
Amit Minocha
(Expert) 17 January 2011
if purchaser is a bonafide buyer it cannot be called as crime, more sin is done by seller. Without any action against seller the buyer cannot be troubled specially if it is for his domestic use and not resale.
