According to the relevant rules, only a person of Inspector rank or higher can conduct exercises such as search and seizure in relation to alleged illegal possession of essential commodities.
The Supreme Court recently ruled that, in accordance with the Liquefied Petroleum Gas (Regulation of Supply and Distribution) Order of 1988, only an officer with the rank of inspector or higher may conduct search and seizure operations in relation to the alleged illegal possession of gas cylinders.
Therefore, a panel of Justices Abhay S. Oka and Rajesh Bindal acquitted two individuals accused of hoarding gas cylinders. The Court stated that a sub-inspector led the operation in the present case to apprehend the defendants, who were allegedly selling illegal cylinders.
“Nothing has been placed on record to support the argument that the sub-inspector of the police was authorised to take action under the aforesaid Order. It is a settled law that where a power is given to do a certain thing in a certain way, the thing must be done in that way or not at all. Other methods are necessarily forbidden. In the absence of the authority and power with the sub-inspector to take action as per the Order, the proceedings initiated by him will be totally unauthorised and have to be struck down,” the Supreme Court observed.
The appellants petitioned the highest court to overturn their conviction and six-month sentence under Section 7 of the Essential Commodities Act. The trial court found them guilty, and the Punjab and Haryana High Court upheld the verdict.
The petitioners’ solicitor argued before the highest court that the prosecution’s case cannot stand because the actions were carried out by a sub-inspector rather than an inspector or higher-ranking official. The respondent-solicitor State’s argued that the accused should not be released on technicalities alone. At a time when there was a shortage of petrol cylinders, the issue of black market sales and unauthorised possession was highlighted.
The Supreme Court found merit in the accused’s arguments.
According to clause 7 of the Liquefied Petroleum Gas (Regulation of Supply and Distribution) Order, a police subinspector is unable to act. The Court emphasised that it is a well-established principle of law that when a power to do something in a particular manner is granted, it may be exercised only in that manner and in no other.
Therefore, it reversed the High Court’s decision and exonerated the accused.
