New Delhi: A Delhi court recently denied anticipatory bail to an accused involved in the illegal procurement, transportation and black marketing of LPG cylinders, noting its adverse impact on “public distribution and safety”.
The order comes amid a deepening cooking gas crisis triggered by the conflict in West Asia.Additional Sessions Judge Vinod Kumar Gautam remarked that, “economic offences of this nature, committed in times of rising prices of essential commodities, strike at the very root of public welfare.”The prosecution submitted before the court that the accused, Mukesh Kumar, from Jamia Nagar, was the key “conspirator and owner of the vehicle” used for transporting the cylinders.
It further submitted that Kumar had not joined the investigation and had fled from the spot to evade apprehension and was using the “volatility in fuel prices and increased demand” to his advantage.Hinting at a larger network, the prosecution argued that custodial interrogation was necessary to unearth the entire conspiracy. Opposing the bail plea, it pointed to the “serious economic and public safety implications” of the accused’s actions under section 7 of the Essential Commodities Act, adding, “such acts in times like this aggravate the gravity of the offence and directly affect the public.”
The defence, however, sought parity, noting that a co-accused had already been granted bail by the trial court. Rejecting this contention, the court observed that the allegations pertained to “illegal procurement and black marketing of LPG cylinders, which prima facie indicate an organised activity having wider ramifications on public safety and 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 judge noted.Taking into account that the accused was evading the investigation, the court emphasised the need for custodial interrogation to uncover the complete chain of events as well as to analyse electronic evidence, including call records.
