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Supreme Court of India 2023-03-23 allowed

AVTAR SINGH & ANR vs STATE OF PUNJAB

Bench: 2 — Abhay S. Oka, Rajesh Bindal

In Brief

Two appellants were convicted of unauthorized possession of gas cylinders under the Essential Commodities Act, 1955, based on a seizure made by a Sub-Inspector of Police. The Supreme Court set aside their conviction, holding that Clause 7 of the LPG Order, 1988 restricts seizure powers to officers of the rank of Inspector (or higher) from specific departments, or authorized persons—not Sub-Inspectors. As the seizure lacked statutory authority, the entire proceeding was void, and the conviction could not be sustained.

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Essential Commodities Administrative Law Criminal Procedure Jurisdiction and Authority Gas Cylinders Unauthorized Possession

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