ORDER : A. Hariprasad, J. Petitioner is the 3rd accused in Crime No. 280 of 2007 of Cherpulassery Police Station, arraigned in offences punishable under Sections 9(B)(1)(b) of Explosive Substances Act and Section 3 read with 7(1)(a)(ii) of Essential Commodities Act and LPG (Regulation of Supply and Distribution) Order, 2000. Annexure-I is the copy of the FIR in the crime. Learned counsel for the petitioner submitted that the entire allegations in the FIR, taken if true, will not make out a case against the petitioner for proceeding under any of the provisions mentioned above. 2. Heard the learned counsel for the petitioner and the learned Public Prosecutor. It is seen from Rule 13 of LPG (Regulation of Supply and Distribution) Order, 2000, that any officer of the Central or the State Government, not below the rank of inspector duly authorised by a general or special order by the concerned Government has the power of entry, search and seizure of the articles covered by the Rule. In this case, the FIR shows that Sub Inspector of Police, on receiving a telephonic information, intercepted a goods vehicle, which was found carrying 23 LPG cylinders without proper authority. Learned counsel for the petitioner submitted that the person conducted the search and seizure was not the authorised officer as per the said Rule. Learned Public Prosecutor conceded that the officer is not empowered under the order. Hence, this contention is sustainable. Going by the relevant provisions, it cannot be said that the search and seizure of contraband was legal. Therefore, the petitioner is not liable to be proceeded under the provisions of the order of the year 2000. Regarding offences under the Explosive Act, coming u/s 9(B), the petitioner cannot be heard to say that he should be completely exonerated at this stage. The materials available in the records clearly show that the petitioner cannot claim for invoking inherent jurisdiction u/s 482 of Cr.P.C. as questions of facts are to be exhaustively considered. The petitioner is free to move the Trial Court and argue for a discharge in this count. In the result, the Crl MC is partly allowed. The charge against the petitioner under Rule 13 of LPG (Regulation of Supply and Distribution) Order, 2000 is hereby set aside. The petitioner is at liberty to raise appropriate contention regarding other offences before the Trial Court and can argue for discharge. In the result, the Crl MC is partly allowed. The charge against the petitioner under Rule 13 of LPG (Regulation of Supply and Distribution) Order, 2000 is hereby set aside. The petitioner is at liberty to raise appropriate contention regarding other offences before the Trial Court and can argue for discharge. In the event, the Trial Court shall consider the matters on merit. In this observation, Crl MC is disposed of. Disposed Off.