Karnataka High Court
Rajesab S/O Khadirsab Sabannavar vs The State Of Karnataka on 2 July, 2024
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NC: 2024:KHC-D:9021
CRL.P No. 103065 of 2023
IN THE HIGH COURT OF KARNATAKA,
DHARWAD BENCH
DATED THIS THE 2ND DAY OF JULY, 2024
BEFORE
THE HON'BLE MR JUSTICE VENKATESH NAIK T
CRIMINAL PETITION NO.103065 OF 2023 (482)
BETWEEN:
RAJESAB S/O. KHADIRSAB SABANNAVAR,
AGE: 58 YEARS, OCC: BUSINESS,
R/O. SIDDESHWAR NAGAR, GOKAK,
TQ: GOKAK, DIST: BELAGAVI.
...PETITIONER
(BY SRI GANGADHAR S. HOSAKERI, ADVOCATE)
AND:
1. THE STATE OF KARNATAKA,
REP. BY THE STATE PUBLIC PROSECUTOR,
HIGH COURT OF KARNATAKA,
DHARWAD BENCH, THROUGH GOKAK TOWN
POLICE STATION, TQ: GOKAK, DIST: BELAGAVI.
Digitally signed 2. M. D. GHORI,
by MANJANNA AGE: 35 YEARS, OCC: PSI,
E R/O. GOKAK TOWN POLICE STATION,
Location: HIGH TQ: GOKAK, DIST: BELAGAVI,
COURT OF R/BY. SPP HIGH COURT OF KARNATAKA,
KARNATAKA DHARWAD BENCH.
...RESPONDENTS
(BY SRI ABHISHEK MALIPATIL, HCGP FOR RESPONDENTS)
THIS CRIMINAL PETITION IS FILED U/SEC. 482 OF CR.P.C.
PRAYING TO QUASH THE CRIMINAL PROCEEDINGS IN
C.C.NO.2158/2023 ON THE FILE OF PRL. CIVIL JUDGE AND JMFC,
GOKAK FOR THE OFFENCEs PUNISHABLE UNDER SECTIONS 3 AND 7
OF THE ESSENTIAL COMMODITIES ACT, 1955 AS AGAINST THE
PETITIONER, HEREIN, WHO HAS BEEN ARRAYED AS ACCUSED, IN
THE INTEREST OF JUSTICE AND EQUITY.
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NC: 2024:KHC-D:9021
CRL.P No. 103065 of 2023
THIS PETITION, COMING ON FOR ADMISSION, THIS DAY, THE
COURT MADE THE FOLLOWING:
ORDER
The petitioner has filed this petition under Section 482 of Cr.P.C seeking quashing of entire proceedings initiated in CC.No.2158/2023 on the file of learned Principle Civil Judge and JMFC, Gokak (" the Trial Court"
for short) for the offences punishable under Sections 3 & 7 of the Essential Commodities Act, 1955.
2. It is the case of the prosecution that the complaint came to be lodged on 12.11.2022 at 8.30 a.m., by the Sub-Inspector of Police, Gokak Town Police Station alleging that on 12.11.2022, he received credible information in regard to transportation of rice packs in a lorry, which were to be distrusted to the beneficiaries under the various schemes of the Government and were being illegally stored and transported. Hence, the Sub- Inspector of Police, along with his men conducted a raid near Cotton Mill of Prakash Kolar, Gokak. Wherein a -3- NC: 2024:KHC-D:9021 CRL.P No. 103065 of 2023 vehicle was loaded 19 rice bags weighting about 12 quitals 25 kgs of rice worth of Rs.26,950/-. Hence, he seized the vehicle and conducted seizure panchanama and registered a case for the offences punishable under Sections 3 and 7 of the EC Act.
3. After investigation, the Investigating Officer filed charge sheet for the offences punishable under Sections 3 & 7 of EC Act. After receipt of the charge sheet, the learned Magistrate took cognizance for the aforesaid offences. Taking exception to the same, the petitioners have filed this petition.
4. Learned counsel for the petitioner contended that the lis stands covered by the judgment rendered by the Co-ordinate Bench of this Court in the case of T.Thippeswamy son of Sanna Thippaiah and another Vs. State of Karnataka and another in Crl.P.No.5130/2023, disposed off on 29.08.2023, wherein, the identical issues have been raised and have been answered in favour of the petitioners therein. The -4- NC: 2024:KHC-D:9021 CRL.P No. 103065 of 2023 Co-ordinate Bench of this Court has held at paragraph Nos.10 to 13, which are as follows:
10. The offense which has been alleged against the petitioners is for transporting rice allegedly meant for the Public Distribution System without valid license. For that particular purpose, it is required to prima facie establish that indeed the rice was belonging to the Public Distribution System and that the petitioners had no right over the same. It is but required that in respect of these prima facie evidence, the invoices and payment receipts, if any, produced by the petitioners/transporters would have to be verified by the Investigating Officer before filing a charge sheet.
11. In the present case, perusal of the charge sheet indicates that no such effort has been made and the invoices which are produced along with the present petition, which have been placed before the Investigating Officer have not been considered.
12. That apart, whether the rice belonged to the Public Distribution System or not could only be ascertained by necessary examination by the Forensic Science Laboratory and a report being submitted thereto. The Investigating Officer has -5- NC: 2024:KHC-D:9021 CRL.P No. 103065 of 2023 not caused such an examination and has gone ahead with the sale of rice on the premise that the same is perishable goods which require immediate sale. Even if the goods are perishable, it is required for the Investigating Officer to send the said rice for necessary examination to the Forensic Science Laboratory and a report is to be obtained from the said authority.
13. In the present case, neither of the above have been done. Hence, I am of the considered opinion that there is no legs for the prosecution to stand on and prosecute the petitioners and prima facie there is nothing made out to establish the offense being committed by the petitioners. As such, there would be no purpose in prosecuting the petitioners on such frivolous grounds without any basis.
14. Learned High Court Government Pleader wound not dispute the position of law as is observed in the case referred supra.
15. In views of the issue in the lis standing answered by judgment afore quoted on all its force, the subject petition also deserves to be succeeded.-6-
NC: 2024:KHC-D:9021 CRL.P No. 103065 of 2023 For the aforesaid reason, I pass the following:
ORDER i. The criminal petition is allowed. ii. The proceedings in C.C.No.2158/2023 on the file of learned Principal Civil Judge & JMFC, Gokak registered for the offences punishable under Section 3 & 7 of EC Act stands quashed.
Sd/-
JUDGE EM/ct-an List No.: 1 Sl No.: 41