HARI LAL AGRAWAL, J. This writ application has been filed by the petitioner for quashing a criminal proceeding instituted against him under the provisions of the Bihar Essential Articles (Display of Prices and stock) Order, 1977 (to be referred hereinafter as 'the Display Order') read with section 7 of the Essential Commodities Act, in the following circumstances the petitioner is a distributor of 'Indane' gas manufactured by M/S Indian Oil Corporation Ltd" which is used for cooking purposes and is technically called as 'L.P. Gas'. The petitioner carries on the said business in the name and style of M/S B.P. Trading at Bhagalpur under an agreement with the said Corporation. The petitioner's case is that of late supply of the gas in question by the Manufacturer Corporation has been irregular due to various factors and the Corporation is not in a position to make a full supply of the requirement per month. The petitioner had accordingly to take recourse to the introduction of a "queue system on the basis of first come first served". 2. On 19.10.1978 the Supply Inspector inspected the business premises of the petitioner and searched the godown and found there 141 filled up cylinders, A first information report was lodged by him with the Kotwali Police Station against the petitioner and others alleging there in that the petitioner did nor maintain any stock of the gas cylinders, which was a violation of clause 3 of the Display Order. He also seized the godown where the gas cylinders were stocked. 3. On the basis of the aforesaid report the Kotwali Police registered a case under section 7 of the Essential Commodities Act, against the petitioner and three other persons. On institution of the said case, a petition was filed in the Court of the Chief Judicial Magistrate, Bhagalpur on behalf of the State praying for the release of the 141 cylinders in their favour for getting them sold through the District Supply officer, Bhagalpur. This prayer was allowed by the learned Magistrate by his order dated 23.10.1978 (Annexure II) wherein he directed that the seized cylinders on being released be disposed of by the District supply Officer, Bhagalpur, with the assistance of the Sales Officer of the Indian all Corporation and that the sale proceeds be deposited in the Treasury.
This prayer was allowed by the learned Magistrate by his order dated 23.10.1978 (Annexure II) wherein he directed that the seized cylinders on being released be disposed of by the District supply Officer, Bhagalpur, with the assistance of the Sales Officer of the Indian all Corporation and that the sale proceeds be deposited in the Treasury. The petitioner has challenged this order and has come to this Court for quashing of the proceeding on the following grounds : (i) Cooking gas having not been declared an 'essential commodity' under section 2 of the E.C. Act, the same could not be included in Schedules I of the Display Order and, therefore, no prosecution could be launched by the supply Inspector against the petitioner for the alleged Violation of the provisions of the said Order. (ii) In view of the provisions contained in section 6E of the E.C. Ace, the Chief Judicial Magistrate had no jurisdiction to pass any order with respect to the disposal of the gas cylinders in question. (iii) In any event, the cylinders could not be ordered to be sold in any other manner than that as laid down in the Gas Cylinders Rules, 1940, therefore, the order (Annexure II) passed by the Chief Judicial Magistrate was bad in law. 4. I will deal with each of the grounds in the same order. Ground No, (i)-This is the main ground of attack by the petitioner to the institution of the criminal proceeding against him and in order to appreciate the same it would be necessary to refer to some of the relevant provisions of the E.C. Act, and the Display Order. Section 2 of the E.C. Act, enumerates the various 'classes of commodities' which are essential commodity. Item No. (viii) mentions' petroleum and petroleum products' as the class of commodities included in the definition or essential commodity. Then under section 3 of the Act, the Central Government has been empowered to Made Order for regulating or prohibiting the production, supply and distribution of any essential commodity and trade and commerce therein. Sub-Section (2) of section 3 again indicates the various purposes with respect to which an order may be mad under section 3 of the E.C. Act.
Then under section 3 of the Act, the Central Government has been empowered to Made Order for regulating or prohibiting the production, supply and distribution of any essential commodity and trade and commerce therein. Sub-Section (2) of section 3 again indicates the various purposes with respect to which an order may be mad under section 3 of the E.C. Act. Section 5 of the Act, empowers the Central Government by notified order to direct, inter alia any State Government or any officer or authority subordinate to that Government to make orders or issue notifications under section 3 in relation to such matters and subject to such condition as may be specified in this direction. It is under this delegated power that the State Government has been issuing various Control Orders from time to time in order to control and regulate the production, supply and distribution of various essential items in the interest of the general public. The Bihar Essential Articles (Display of Prices and Stocks) Order 1977 was accordingly made by the State Government under its delegated power. Clause 3 of this order enjoins a duty on every dealer to display on his business premises, inter alia a "list of prices and stocks of all those articles mentioned in Schedule I in which he deals" The expression “article” occurring in this clause is referable to its definition in clause 2, according to which is means" any essential commodity mentioned in Schedule I and II appended to this Order and includes any other article to be declared so from time to time by the State Government or the Commissioner or the District Magistrate empowered by the, State Government in this behalf L.P. gas (for cooking purposes) is mentioned in item No. 25 of Schedule I appended to the Display Order as one of the articles. 5. It is not disputed that the commodity in which the petitioner has been dealing is covered by this item, namely, item no. 25, But the argument is that L.P. gas cannot be brought within the fold of petroleum product which is one of the declared articles under section 2 of the E.C. Act, and, therefore, its inclusion in the Display Order itself was ultra vires. In order to emphasis the pointy learned counsel placed before us a Manual (Technical) issued by the Indian Oil Corporation, Sales Department (L.P.G. Section).
In order to emphasis the pointy learned counsel placed before us a Manual (Technical) issued by the Indian Oil Corporation, Sales Department (L.P.G. Section). It says that ‘Indane’ is the trade name of Commercial Butane/Propane Mixture marketed by Indian Oil. This Manual further states that liquefied petroleum gases may be defined as those hydro-carbons which are gaseous at normal atmospheric pressure, but may be condensed to liquid state at normal temperatures by the applications of moderate pressure. On the basis of the above circular and the definition of 'L.P. Gas', Mr. Kantha contended that the L.P. Gas consisted only hydro-carbons which could be produced by Various processes and chemicals even in a laboratory and. therefore, L.P. Gas should not be held co be a petroleum product at all. According to the Pears Cyclopaedia, 'Butane' is a colourless inflammable gas made of According to the same cyclopaedia, Propane is also a colourless inflammable gas made of carbon and hydrogen and is sometimes mixed with Butane. This is also a byproduct of oil refining. 6. Confronted with this position that the two components of L.P. Gas, namely, Butane and Propane, are the by-products of oil refusing and in any event, undisputedly the L.P. Gas cylinders in question were supplied to the petitioner by the Indian Oil Corporation Ltd. which is a concern engaged in the business of oil refining, Mr. Kantha contended that clause (viii) of section 2 of the E.C. Act, simply refers to petroleum and Gas was only a by product and not a direct products and not a direct product of petroleum, it could not be covered by the declaration. 7. It is difficult to accept even this argument of the learned counsel. From the above discussions it becomes apparent that L.P. Gas is a product which is produced as a byproduct of oil refining and occurs in natural gas which can be liquefied and transported in cylinders and tanks and is marketed in cylinders as a portable gas supply for domestic and, commercial use ‘Petroleum products, is a generic expression and, in my opinion, it was deliberately used by the Central Legislature to cover within its fold all the species of the products. According to the rule of interpretation, when a genus is used without any species, then there is no limitation and the genus would include all its reasonable specifies.
According to the rule of interpretation, when a genus is used without any species, then there is no limitation and the genus would include all its reasonable specifies. It was only when a word of limi9tation was provided that its amplitude would be limited. It was held in the case of Union Drug Co. Ltd. v. Commission of Income tax, West Bengal by a Division Bench of the Calcutta High Court that it is only where a general word or words follow several particular and specific words, the general word or words must be confined to things of the same king as those specified and where one specific word is followed by a more general word, it never permits the use of ejusten generic rule. Craies on Statute Law while dealing with the interpretation of words in Chapter 9, says that there are two rules of construction of ordinary and technical terms and expressions. It says that there are two rules of construction of ordinary and technical terms and expressions. It says that there are two rules as to the way in which terms and expressions are to be construed when used in an Act, of Parliament. The first rule is that general Statutes will prima facie be presumed to use words in their popular sense. Critical refinements and subtle distinctions are to be avoided, and the obvious and popular meaning of the language should as a general rule, be followed. The second rule, according to him is that if the statute I one passed with reference to a particular trade, business or transaction, words are used therein which every body conversant are used therein which everybody conversant with that trade, business or transaction, knows and understanding to have a particular meaning init then the words are to be construed as having that particular meaning which may differ from the ordinary and popular meaning. Keeping in mind the above rule of interpretation, it is not possible to accept the contention of the learned counsel that L.P. Gas, which admittedly is a by product of petroleum, would not be included in Schedule I of the petroleum products unless it was separately declared as an essential commodity under section 2 of the E.C. Act.
Keeping in mind the above rule of interpretation, it is not possible to accept the contention of the learned counsel that L.P. Gas, which admittedly is a by product of petroleum, would not be included in Schedule I of the petroleum products unless it was separately declared as an essential commodity under section 2 of the E.C. Act. In my considered opinion, the by-product of a product will also be covered within the net of the expression ‘product’ according to the rule of interpretation and legislative intendment without any further declaration. In this connection I may also refer to the case of Maharaja Book Depot V. State of Gujarat. That case arose out of the Gujrat Essential Articles Dealers Regulation Order (1971), an Order of very much similar nature to the Display Order inforce in the State of Bihar There under Entry 13 of Schedule I to that Order 'paper' including newsprint paper board and strawboard, was included as a specified article. In Section 2 (a) (vii) of the E.C. Act. However, the item mentioned was only 'paper' In these circumstances a question arose as to whether exercise books in which the petitioner before the Supreme Court was dealing, could be included. On the basis of the inclusive definition of paper in Entry 13 which was further enlarged by a subsequent notification to include also exercise note books'. it was contended that the Regulation Order did not apply to the 'exercise books' in as-much-as an 'exercise book' which is a distinct commodity, did not fall under the hem 'paper' listed as an essential commodity in section 2 (a) (vii) of the Act, and Entry 13 of Schedule I to the Regulation Order. Repelling this argument it Was observed that the Item 'paper' was wide enough to include specifically 'exercise books' and its amendment was made as ex majori cautela to make things abundantly clear and, therefore no inference as regards the initial legislative intent of the type suggested can be drawn. It was further observed in this case that essential commodities or essential articles were enumerated in the E.C. Act, or the said Regulation Order under broad general heads and some of the items were stated to include certain things which may not in ordinary parlance rail within broad general head. 8.
It was further observed in this case that essential commodities or essential articles were enumerated in the E.C. Act, or the said Regulation Order under broad general heads and some of the items were stated to include certain things which may not in ordinary parlance rail within broad general head. 8. I would accordingly hold that 'L.P. Gas' being a by-product of petroleum would be deemed to be an essential commodity within the meaning or section 2 (a) or the E. C. Act, and, therefore, being capable of defined as an article under clause 2 (a) of the Display Order. The first and the main ground urged by learned Counsel, therefore, must be rejected. 9. Ground No. (ii)- Section 6E was inserted in the E.C. Act, by Act, No. 92 of 1976. According to this provision whenever any essential commodity is seized in pursuance of an Order made under section 3 in relation thereto, the Collector or, as the case may be, the Judicial authority appointed under section 6C shall have, notwithstanding anything to the contrary contained in any other law for the time being in force, any other Court, tribunal or authority shall not have, Jurisdiction to made orders with regard to the possession, delivery, disposal or distribution of such property". It is no doubt true that this provision confers exclusive jurisdiction upon the Collector or the Judicial authority appointed under section 60 to make Orders with regard to 'the possession, delivery, disposal or distribution of any property seized under any Order made under section 3 of the E.C. Act. Under Section 6, according to the Bihar Amendment, namely, Bihar Act, IX of 1978, whereby a new section 6A was substituted in place of section 6A of the Central Act, this power by the Collector can be exercised only at a stage when he is 'seized with the matter.
Under Section 6, according to the Bihar Amendment, namely, Bihar Act, IX of 1978, whereby a new section 6A was substituted in place of section 6A of the Central Act, this power by the Collector can be exercised only at a stage when he is 'seized with the matter. It is not necessary to dilate upon the respective scope of section 6A as inserted by the Bihar Amendment and Section 6C of the Central Act, in as much as recently in the case of Brij lal Khudeina V. State it has been held by me sitting in Division Bench, that until the matter of seizure of any essential commodity is reported to the Collector and he applies his mind for the purposes or starting a confiscation proceeding the criminal courts were competent to exercise their powers as provided under the Code of Criminal Procedure. Bihar Act, IX of 1978, by which section 6A was inserted in place of section 6A of the Central Act, had been assented to by the President and even assuming that there is any conflict between the provisions of the aforesaid section 6A and section 6C of the I.E.C. Act, then by virtue of Article 254 (2) of the Constitution of India, section 6A will prevail in this State and, therefore, it must be held that the learned Chief Judicial Magistrate had the necessary Dowers to pass an appropriate order with respect to the disposal of the gas cylinders in question. The second ground also must, therefore, be rejected. 10. Ground No. (ii)- This ground also must be rejected for the simple reason that after passing the impugned order (Annexure II) the learned Chief Judicial Magistrate modified the said order on 3.11.1978 (Annexure B to the counter-affidavit). By the subsequent order he directed the petitioner himself to sell the seized cylinders under the supervision and direction of the District Supply Officer. It is, therefore, not necessary to discuss this ground at all as it has become non est. 11. None of the grounds urged on behalf of the petitioner therefore, has got any substance and this application must fail. 12. Before parting with the case, however, I must also observe that at this stage only the case against the petitioner is being investigated by the police and no charge sheet has been submitted.
11. None of the grounds urged on behalf of the petitioner therefore, has got any substance and this application must fail. 12. Before parting with the case, however, I must also observe that at this stage only the case against the petitioner is being investigated by the police and no charge sheet has been submitted. The police investigation, on the facts of this case, could not be ordered to be quashed and this application could have been dismissed on this short question, but in as much as learned counsel for the petitioner pressed this application on some questions of law, we thought it better to answer the same. 13. In the result, the application is dismissed. I agree Application dismissed.