Pankaj Kumar and ors Vs. State of Jharkhand - Court Judgment

Excerpt:
in the high court of jharkhand at ranchi cr.m.p. no.2537 of 2012 with cr.m.p.no.2538 of 2012 pankaj kumar and others.....petitioners (cr.m.p.no.2537 of 2012) m/s. koderma gas agency.... petitioner (cr.m.p.no.2538of 2012) versus state of jharkhand ...................... ........................opposite party coram: honble mr. justice r.r.prasad for the petitioners:mr. h.k.shikarwar for the state : mr.s.s.sahay, a.p.p 3.19.12.12. learned counsel appearing for the petitioners submits that the district supply officer, koderma, who upon making search and seizure of the lpg cylinders and other documents of koderma gas agency has lodged a case and also put the office of the agency and go-down under lock has no authority to make search and seizure to secure due compliance of the provision of liquefied petroleum gas (regulation of supply and distribution) order, 2000 and thereby any case based on such search and seizure is fit to be quashed and that since the office and go-down of the koderma gas agency has been sealed by a person, who is not competent to do so, the authority be directed to lift the seal and to open the office of the agency as well as go-down. upon it, learned counsel appearing for the state seeks time till 8.1.2013 to seek instruction and to file counter affidavit. as prayed for, let this matter be listed on 8.1.2013. let a copy of this order be handed over to the learned counsel appearing for the state for needful. (r.r.prasad, j.) nd/

Judgment:
In the High Court of Jharkhand at Ranchi Cr.M.P. No.2537 of 2012 with Cr.M.P.No.2538 of 2012 Pankaj Kumar and others.....Petitioners (Cr.M.P.No.2537 of 2012) M/s. Koderma Gas Agency.... Petitioner (Cr.M.P.No.2538of 2012) VERSUS State of Jharkhand ...................... ........................Opposite Party CORAM: HONBLE MR. JUSTICE R.R.PRASAD For the Petitioners:Mr. H.K.Shikarwar For the State : Mr.S.S.Sahay, A.P.P 3.19.12.12. Learned counsel appearing for the petitioners submits that the District Supply Officer, Koderma, who upon making search and seizure of the LPG Cylinders and other documents of Koderma Gas Agency has lodged a case and also put the office of the agency and go-down under lock has no authority to make search and seizure to secure due compliance of the provision of Liquefied Petroleum Gas (Regulation of Supply and Distribution) Order, 2000 and thereby any case based on such search and seizure is fit to be quashed and that since the office and go-down of the Koderma Gas Agency has been sealed by a person, who is not competent to do so, the authority be directed to lift the seal and to open the office of the agency as well as go-down. Upon it, learned counsel appearing for the State seeks time till 8.1.2013 to seek instruction and to file counter affidavit. As prayed for, let this matter be listed on 8.1.2013. Let a copy of this order be handed over to the learned counsel appearing for the State for needful. (R.R.Prasad, J.) ND/