Essential Commodities are not Business Opportunities: Delhi Court refuses Anticipatory Bail to LPG Black Marketeer, cites rising Prices and Public Dependence

In a significant intervention concerning economic offences impacting public distribution, a Delhi Court stepped in to examine whether anticipatory bail could be granted in a case involving alleged black marketing of LPG cylinders, an issue with direct consequences on public welfare amid rising prices. The Court scrutinised the gravity of offences under the Essential Commodities Act, 1955 and the need for effective investigation, signalling a strong stance on crimes affecting essential supplies.

The controversy began when an FIR was registered alleging illegal procurement, transportation, and black marketing of LPG cylinders, disrupting the supply chain of an essential commodity. The prosecution claimed that the accused was a key conspirator who owned the vehicle used in the operation and had deliberately evaded investigation. It further argued that the probe was at a crucial stage, requiring custodial interrogation to trace the supply network and analyse electronic evidence such as call records.

Counsel for the accused, however, contended that the offence was bailable, recoveries had already been made, and no prior criminal history existed. It was also argued that similarly placed co-accused had been granted bail, invoking parity.

The Court, however, was not persuaded. Emphasising the larger societal impact, it delivered a strong observation, stating, “offences relating to black marketing of essential commodities, particularly LPG cylinders, assume greater seriousness in times of rising prices and increased public dependence… economic offences of this nature strike at the very root of public welfare.” The judge also noted the accused’s evasive conduct and the ongoing nature of investigation, observing that “custodial interrogation appears necessary to unearth the complete chain of procurement, transportation and illegal distribution.” 

Consequently, finding no grounds for protection from arrest, the Court dismissed the anticipatory bail plea.

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