Suresh Singanal vs State At The Instance Of
2024 Latest Caselaw 3570 Kant

Karnataka High Court

Suresh Singanal vs State At The Instance Of on 6 February, 2024

Author: N.S.Sanjay Gowda

Bench: N.S.Sanjay Gowda

                                                 -1-
                                                         NC: 2024:KHC-D:2648
                                                          WP No. 100415 of 2021




                                IN THE HIGH COURT OF KARNATAKA,
                                        DHARWAD BENCH
                           DATED THIS THE 6TH DAY OF FEBRUARY, 2024
                                                BEFORE
                           THE HON'BLE MR JUSTICE N.S.SANJAY GOWDA
                          WRIT PETITION NO. 100415 OF 2021 (GM-RES)
                   BETWEEN:
                   1.   SURESH SINGANAL,
                        AGE. 46 YEARS.
                        R/O. GANGAVATI,
                        KOPPAL, DIST. KOPPAL,
                        KARNATAKA STATE-583227.

                   2.   MASKI SIDDANNA S/O. MALLIKARJUN,
                        AGE. 47 YEARS, R/O. GANGAVATI
                        KOPPAL, DIST. KOPPAL,
                        KARNATAKA STATE-583227.

                   3.   KALLAPPA
                        AGE. 67 YEARS,
                        R/O. GANGAVATI,
                        KOPPAL, DIST. KOPPAL,
                        KARNATAKA STATE-583227.
                                                               ... PETITIONERS
                   (BY SMT. VIDYAVATHI M. KOTTURSHETTAR, ADVOCATE)

MANJANNA
                   AND:
E

Digitally signed
by MANJANNA E
                   1.   STATE OF KARNATAKA,
Date: 2024.02.08
11:19:19 +0530
                        BY GANGAVATI RURAL POLICE,
                        DIST. KOPPAL-583227,
                        R/BY STATE S.P.P.,
                        HIGH COURT OF KARNATAKA.

                   2.   NANDA PALLED,
                        SHERISTEDAR, FOOD AND CIVIL SUPPLIES,
                        TAHASILDAR OFFICE, GANGAVATI
                        DIST. KOPPAL-583227.
                                                                 ... RESPONDENTS
                   (BY SRI. P.N. HATTI, HCGP)

                        THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227
                   OF THE CONSTITUTION OF INDIA, PRAYING TO IT IS HEREBY
                             -2-
                                    NC: 2024:KHC-D:2648
                                      WP No. 100415 of 2021




PRAYED THAT THE COMPLAINT FILED BY COMPLAINANT I.E.,
RESPONDENT NO.2 SMT. NANDA PALLED ON 21.01.2021 BY FILING
FIR NO.49/2021 BEFORE GANGAVATI SUB DIVISION TOWN POLICE
STATION, AGAINST THE PETITIONERS FOR THE OFFENSES
PUNISHABLE U/S.3 AND 7 OF ESSENTIAL COMMODITIES ACT AND
U./S.420 AND 201 OF I.P.C BY QUASHED BY THIS HON'BLE COURT,
IN THE INTEREST OF JUSTICE.

      THIS PETITION, COMING ON FOR PRELIMINARY HEARING IN
'B' GROUP, THIS DAY, THE COURT MADE THE FOLLOWING:

                          ORDER

1. This petition is filed challenging the registration

of criminal proceedings for the offences punishable under

Sections 3 and 7 of Essential Commodities Act and under

Sections 420 and 201 of I.P.C.

2. The allegation in the complaint is that the

petitioners were transporting rice, which was meant for

distribution under the Public Distribution System.

3. The Co-ordinate Bench of this Court, in

Criminal Petition No.101739/2021 and connected matters,

disposed of on 16.2.2022, has held that unless the goods

in question were examined by the Forensic Science

Laboratory and certified to be an essential commodity

meant for Public Distribution System, the proceedings

would be unsustainable.

NC: 2024:KHC-D:2648

4. In this case, admittedly, there is no

certification by the Forensic Science Laboratory that the

rice that was seized was meant for Public Distribution. In

that view of the matter, in the light of the above

judgment, the petition is allowed and the proceedings

stands quashed.

Sd/-

JUDGE

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