Mere Kerosene Possession Not an Offence Under the Essential Commodities Act: Himachal Pradesh High Court

The Himachal Pradesh High Court held that mere possession of kerosene, even in substantial quantities, did not constitute an offence under Section 7 of the Essential Commodities Act, 1955.

The Court clarified that the 1993 Kerosene Order governed only licensed PDS dealers and imposed no restriction on ordinary consumers purchasing kerosene for personal use.

Referring to a 2008 Supreme Court ruling, the Court reiterated that statutory limitations applied to sale, not purchase. The Court further observed that the investigation had been conducted by an unauthorised officer.

Consequently, the conviction was set aside, and the petitioner was acquitted of all charges. 

[Rakesh Kumar v State of Himachal Pradesh]