Smt. Hasin Bee Alias Hasin Bhegum vs The State Of Karnataka
2023 Latest Caselaw 5203 Kant

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                                                             NC: 2023:KHC-D:8367
                                                             CRL.P No. 101024 of 2023




                           IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH

                                DATED THIS THE 3RD DAY OF AUGUST 2023

                                                BEFORE

                               THE HON'BLE MR JUSTICE M.NAGAPRASANNA

                                 CRIMINAL PETITION NO. 101024 OF 2023


                      BETWEEN:

                      SMT. HASIN BEE ALIAYS HASIN BHEGUM
                      W/O. MOHAMMAD GOUSE,
                      AGE. 31 YEARS, OCC. BUSINESS,
                      R/O. WARD NO.5, KILLA AREA,
                      TAL. GANGAVATHI, DIST. KOPPAL-583227.
                                                                          ... PETITIONER
                      (BY SRI. B.C. JNANAYYA SWAMI, ADVOCATE)


                      AND:

                      1.   THE STATE OF KARNATAKA,
                           THROUGH THE SIRUGUPPA POLICE STATION,
                           NOW R/BY SPP, HIGH COURT OF KARNATAKA,
                           DHARWAD, BENCH AT DHARWAD-580001.
VISHAL
NINGAPPA              2.   SRI. T. MAHESH S/O. LAKANATHA T.,
PATTIHAL                   FOOD INSPECTOR, SIRUGUPPA TALUK OFFICE,
                           TAL. SIRUGUPPA, DIST. BALLARI-583121.
Digitally signed by                                                     ... RESPONDENTS
VISHAL NINGAPPA
PATTIHAL              (BY SRI. V.S. KALSURMATH, HCGP FOR R1-R2)
Date: 2023.08.09
11:23:07 +0530               THIS CRIMINAL PETITION IS FILED UNDER SECTION 482 OF
                      CR.P.C. SEEKING TO QUASH THE ENTIRE PROCEEDINGS IN C.C.
                      No.204/2019 PENDING ON THE FILE OF COURT OF CIVIL JUDGE AND
                      JMFC, SIRUGUPPA REGISTERED FOR           THE ALLEGED OFFENCES
                      PUNISHABLE    UNDER   SECTIONS     3    AND   7   OF   ESSENTIAL
                      COMMODITIES ACT, 1955 AND SECTION 18(2) OF PDS CONTROL
                      ORDER, 1992 ARISING OUT OF CRIME NO. 225/2018.
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                                       NC: 2023:KHC-D:8367
                                       CRL.P No. 101024 of 2023




     THIS PETITION, COMING ON FOR ADMISSION, THIS DAY, THE
COURT MADE THE FOLLOWING:


                             ORDER

The petitioner is before this Court calling in question

the proceedings in C.C. No.204/2019 pending on the file of

the Court of Civil Judge and JMFC, Siruguppa, arising out of

Crime No.225/2018 registered by the Siruguppa Police for

the offences punishable under Sections 3 and 7 of the

Essential Commodities Act, 1955 and Section 18(2) of PDS

Control Order, 1992.

2. Learned counsel for the petitioner/accused No.3

submits that the issue in the lis stands covered by the

judgment rendered by the Co-ordinate Bench of this Court in

Criminal Petition No.100547/2017 disposed on 08.03.2022.

The Co-ordinate Bench has held as follows:

" On 2/3/2017, on receiving credible information that the rice bags were being transported which were meant for distribution under Public Distribution System, the respondent communicated the same to the Superintendent of Police, Belagavi and after taking his instruction and after securing the Shirestedar, Food Inspector, two pancha witnesses and also weighing machine went near the Bekkeri-Hukkeri road

NC: 2023:KHC-D:8367 CRL.P No. 101024 of 2023

and at that time, the police stopped the vehicle which was transporting the rice bags illegally and caught hold the driver of the vehicle Shivanand Basappa Bastavade and another person Ravi Shivanand Garbar and they disclosed the name of the petitioner who is alleged to have escaped from the spot. The respondent registered the case against the petitioner and other accused for contravention of Section 3 R/w. Section 7 of the Essential Commodities Act and under Rule 18(A)(B)(C) of the Karnataka Essential Commodities (Public Distribution System) Control Order, 1992.

After registration of the case, the Tahsildar concerned visited the fair price shop of the petitioner and physically verified the food grains, distribution register and concerned records and communicated the same with the Deputy Commissioner, Food and Civil Supply, Belagavi stating that there is no irregularity in the distribution of the essential commodities and he has distributed the essential commodities as per the rules and regulations. The petitioner taking exception to registration of first information report registered against him for the aforesaid offences, has filed this petition.

2. Learned counsel for petitioner submits that first information report has been registered against the petitioner on the basis of the statement given by accused Nos.1 and 2 and in the absence of the any corroborative material, the registration of the first information report against the petitioner is untenable. He further submits that the Tahasildar concerned after physically verifying the stock and also distribution register has reported that there is no

NC: 2023:KHC-D:8367 CRL.P No. 101024 of 2023

irregularity in the distribution of the essential commodities by the petitioner and distribution of the essential commodities is in accordance with rules and regulations.

3. On the other hand, learned HCGP appearing for respondent-State submits that the accused Nos.1 and 2 have stated that the person who escaped when the vehicle was stopped was the petitioner and as such the first information report has been rightly registered against the petitioner.

4. I have considered the submissions made by the learned counsel for parties.

5. The Petitioner has been implicated on the basis of the statement of the co-accused and no other corroborative material is collected by the Investigating officer. Section 114 of the Indian Evidence Act specifies that the court may presume the existence of any fact which it thinks likely to have happened, regard being had to the common course of natural events, human conduct and public and private business, in relation to the facts of that particular case. Section 114 illustration (b) specifies that evidence of an accomplice or co-accused is unworthy of credit, unless he is corroborated in material particulars. Hence, in the absence of corroborative material, and registration of the first information report against the petitioner on the basis of statement of co-accused is impermissible.

6. Even otherwise, the Tahasildar concerned has submitted a report with the Deputy Commissioner, Food and Civil Supply, Belagavi stating that there is no irregularity in the distribution of the essential commodities by the

NC: 2023:KHC-D:8367 CRL.P No. 101024 of 2023

petitioner and distribution of the essential commodities is in accordance with rules and regulations."

3. The issue in the lis is also identical as the

allegation against the petitioner springs from the confession

statement of a co-accused which is impermissible to be

taken to array any person as accused under Section 114 of

the Indian Evidence Act.

4. In the light of the issue standing covered, the

following order:

ORDER

(i) The criminal petition is allowed.

(ii) The proceedings in C.C. No.204/2019 pending on

the file of the Court of Civil Judge and JMFC,

Siruguppa, arising out of Crime No.225/2018

registered by the Siruguppa Police insofar as it

relates to the petitioner/accused No.3 is quashed.

Sd/-

JUDGE

kmv Ct:Bck