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A Saket court has recently refused to grant anticipatory bail to a man accused of illegal procurement and black marketing of LPG cylinders in Delhi.
This case pertains to a First Information Report (FIR) lodged in the Jamia Nagar Police Station. Delhi Police has invoked sections of the Essential Commodities Act and BNS in the FIR. Delhi police bail plea by saying that such acts, particularly in times when the prices of essential commodities are rising, aggravate the gravity of the offence and directly affect the common public. Additional Sessions Judge (ASJ) Vinod Kumar Gautam rejected the anticipatory bail plea of Mukesh Kumar. He is stated to be the owner of the vehicle allegedly used in the illegal procurement of LPG Cylinders. While rejecting the plea, the court noted that the allegations pertain to illegal procurement and black marketing of LPG cylinders, which prima facie indicate an organised activity having wider ramifications on public safety and the distribution system. The role attributed to the applicant is distinct and more serious, as he is stated to be the owner of the vehicle used in the offence and part of the alleged conspiracy, the court added. "This Court also cannot lose sight of the fact that offences relating to black marketing of essential commodities, particularly LPG cylinders, assume greater seriousness in times of rising prices and increased public dependence, thereby affecting the larger public at large," ASJ Gautam observed in the order of March 28. The court also observed that Economic offences of this nature, committed in times of rising prices of essential commodities, strike at the very root of public welfare. The court also rejected the submissions on ground of parity with the co-accused and said that it is not applicable, as the role and conduct of the present applicant is materially different. The counsel for the accused Mukesh Kumar submitted that the offence under Section 7 of the Essential Commodities Act carries limited punishment and is bailable in nature. It was further submitted that the applicant has no previous criminal antecedents, the recovery in the present case has already been effected, and the co-accused has already been granted bail by the Trial Court. On the other hand, Additional Public Prosecutor (APP) strongly opposed the application and submitted that the aforesaid judgments are not binding on this Court and are only persuasive in nature. It was further contended that the present case involves illegal procurement, transportation and black marketing of LPG cylinders, affecting public distribution and public safety. It was argued that the applicant is the main conspirator and owner of the vehicle used in the commission of the offence, and he has not joined the investigation and has fled from the spot. Delhi police said that the investigation is at a crucial stage and custodial interrogation of the applicant is required to unearth the entire conspiracy, including identifying the source of procurement, the supply chain and other co-conspirators. It also submitted that Call Detail Records (CDR) and other electronic evidence are yet to be analysed. There is also a likelihood of the applicant tampering with evidence or influencing witnesses if granted anticipatory bail. It was also argued that the applicant, despite the prevailing situation, is involved in black marketing for wrongful gain, which warrants a strict view by the Court. On February 28, the West Asia tension began as US-Israel strikes on Iran and subsequent Iranian retaliation, which led to the Crude oil and LPG crisis across the country. (ANI)
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