Neutral Citation No. - 2025:AHC-LKO:38919 Court No. - 27 Case :- APPLICATION U/S 482 No. - 2056 of 2016 Applicant :- Lallu Gupta Opposite Party :- State Of U.P. And Anr. Counsel for Applicant :- Vinod Kumar Singh Counsel for Opposite Party :- Govt. Advocate Hon'ble Manish Kumar,J. 1. Heard Shri Vinod Kumar Singh and learned AGA appearing for the State. 2. Present application has been preferred by the applicant under Section 482 Cr.P.C. with following main prayer:- "For the facts, reasons and circumstances stated in the accompanying affidavit, it is most respectfully prayed that this Hon'ble Court may kindly be pleased to quash the impugned charge sheet no. 125/2011 dated 17.05.2011 filed in Case Crime No. 399 of 2011 under Section 3/7 of Essential Commodities Act, Police Station Hasanganj, District Unnao and impugned summoning order dated 20.11.2015 passed by Additional Chief Judicial Magistrate I, Unnao in Criminal Case No. 2570 of 2011 (contained as annexure no. 1 and 2 respectively to the affidavit)" 3. As per the office report dated 11.09.2017, the notice was personally served upon respondent no. 2 but neither respondent no. 2 is present nor any counsel on his behalf has filed his vakalatnama till date. 4. The brief facts of the present case are that on 12.03.2011, an FIR has been lodged by the respondent no. 2 against the applicant under Section 3/7 of Essential Commodities Act alleging therein that a team led by the Naib Tehsildar conducted a raid on the applicant's sweet and namkeen shop, where they found an empty domestic gas cylinder weighing 14.2 Kg and a small 4 Kg cylinder. It is alleged that the applicant misused the domestic gas cylinder for commercial and black marketing purposes. 5. Learned counsel for the applicant has specifically stated in para no. 11 of the affidavit filed alongwith the present application that the applicant runs a tea stall using only wood and coal for the bhatti for preparing tea and snacks, and has never used the LPG cylinder for this purpose. The empty domestic gas cylinder weighing 14.2 KG and the small gas cylinder 4 Kg found at the applicant's shop belonged to his brother-in-law, Ramesh Kumar Gupta, who had left cylinders at the applicant's shop while intending to refill the cylinder from the nearby Vinayak Gas Agency. 6. It is further submitted that no gas burner, stove, regulator, or any other accessory necessary for the use of gas cylinder was recovered, as per in the recovery memo. This fact has been specifically mentioned in para no. 11 of the affidavit filed alongwith the present application, which the respondents have not disputed by filing any counter affidavit. 7. It is further submitted that in the recovery memo, it has been mentioned that during the raid an empty domestic gas cylinder weighing 14. 2 Kg and small gas cylinder weighing 4 Kg were found however, domestic gas cylinder of 14.2 Kg was empty and the another cylinder was lying unused then how in the recovery memo, it has been mentioned that domestic cylinder was being used for commercial purpose. 8. It is further submitted that the ingredients of Section 3/7 of Essential Commodities Act is not attracted in the case of the applicant. 9. On the other hand, learned AGA has opposed the application but unable to dispute the submissions made by learned counsel for the applicant particularly when there is recovery of two cylinders of which one is empty and one is not in use then how it can be said that the domestic cylinder was being used for commercial purpose. 10. After hearing learned counsel for the parties and going through the record of the case, it is found that there was no recovery of any of the accessories i.e. regulator, pipe or burner for use of LPG gas cylinder either domestic or commercial. Only there is a recovery of two gas cylinders i.e. one empty domestic cylinder 14. 2 Kg and small cylinder 4 Kg, which was lying then how in the recovery memo it was shown that the applicant was using domestic LPG gas cylinder for commercial purpose thus, no offense is made out under Section 3/7 of the Essential Commodities Act against the applicant. 11. In view of the facts, circumstances and observations made hereinabove, the proceedings of Criminal Case No. 2570 of 2011 arising out of Crime No. 399 of 2011 Under Sections 3/7 of Essential Commodities Act, Police Station Hasanganj, District Unnao are hereby quashed. 12. Accordingly, the present application is allowed. Order Date :- 9.7.2025 Ashish Digitally signed by :- ASHISH MISHRA High Court of Judicature at Allahabad, Lucknow Bench