Karnataka High Court
Sri. Nagaraja S/O Ashokareddy vs The State Of Karnataka on 19 February, 2024
Author: N.S.Sanjay Gowda
Bench: N.S.Sanjay Gowda
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NC: 2024:KHC-D:3914
CRL.P No. 102518 of 2019
IN THE HIGH COURT OF KARNATAKA,
DHARWAD BENCH
DATED THIS THE 19TH DAY OF FEBRUARY, 2024
BEFORE
THE HON'BLE MR JUSTICE N.S.SANJAY GOWDA
CRIMINAL PETITION NO. 102518 OF 2019
BETWEEN:
1. SRI. NAGARAJA S/O ASHOKAREDDY,
AGED ABOUT: 33 YEARS, OCC: DRIVER,
R/O: KONCHIGERRI VILLAGE,
SHIRAHATTI TALUK,
GADAG DISTRICT,
PIN: 582112.
2. SRI. PEERA SAB
S/O HUSSAIN SAB NADAF,
AGED ABOUT: 30 YEARS,
OCC: LABOURER,
R/O: THOLALI VILLAGE,
SHIRAHATTI TALUK,
GADAG DISTRICT,
PIN: 582120.
3. SRI. PRAKASH SAHUKARA,
AGED ABOUT: 35 YEARS,
MANJANNA BUSINESSMAN & OWNER OF LORRY,
E
R/O: BELALTTI-582112,
Digitally signed
by MANJANNA E SHIRAHATTI TALUK,
Date: 2024.02.22
14:25:05 +0530 GADAG DISTRICT.
4. SRI. GANESHA MEHARWADI,
AGED ABOUT: 38 YEARS,
OWNER OF SHIVA TRANSPORTS,
GADAG TOWN-582101, GADAG TALUK,
GADAG DISTRICT.
5. SRI. ABHISHEK S/O SIDDALINGAPPA ANGADI,
AGE: 25 YEARS, OWNER OF HARIOM INDUSTRIES,
RS.NO.406B, PLOT NO.6,
ANAND ASHRAM ROAD, GADAG-582101.
... PETITIONERS
(BY SRI T. BASAVANA GOUD, ADVOCATE)
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NC: 2024:KHC-D:3914
CRL.P No. 102518 of 2019
AND:
1. THE STATE OF KARNATAKA,
REPTD. HUVINA HADAGALI POLICE STATION,
HADAGALI, HADAGALI TALUK,
BALLARI DISTRICT, NOW R/BY STATE P.P.,
HIGH COURT OF KARNATAKA BUILDING,
DHARWAD-580001.
2. SRI. P.N. DHANJAYANAIDU,
FOOD INSPECTOR,
HUVINA HADAGALI-583219,
BALLARI DISTRICT.
... RESPONDENTS
(BY SRI. P.N. HATTI, HCGP FOR R1; R2-SERVED)
THIS CRIMINAL PETITION IS FILED U/S 482 OF CR.P.C.
SEEKING TO CALL FOR THE RECORDS IN FIR/CRIME NO.138/2019
REGISTERED BY HADAGALI POLICE, COMING UNDER JURISDICTION
OF CIVIL JUDGE & J.M.F.C. COURT, HADAGALI, BELLARI DIST. AND
QUASH THE COMPLAINT AND FIR IN CRIME NO.138/2019
DATED:23/11/2019 REGISTERED BY HADAGALI POLICE, COMING
UNDER JURISDICTION OF CIVIL JUDGE & J.M.F.C. COURT,
HADAGALI, BALLARI DIST. FILED UNDER SECTION 7,3,6(A) OF THE
ESSENTIAL COMMODITIES ACT 1955, KARNATAKA ESSENTIAL
COMMODITIES (STORAGE ACCOUNTS MAINTAINING VALUE
NOTIFICATION) ORDER 1981 (UNDER SECTION 3(2)(i) KARNATAKA
ESSENTIAL COMMODITIES (PUBLIC DISTRIBUTION SYSTEM) PUBLIC
CONTROL ORDER 2016 (U/S 12): KARNATAKA ESSENTIAL
COMMODITIES (STORAGE ACCOUNTS MAINTAINING VALUE
NOTIFICATION) ORDER 1981 (U/S 4) : KARNATAKA ESSENTIAL
COMMODITIES (PUBLIC DISTRIBUTION SYSTEM) PUBLIC CONTROL
ORDER 2016 (U/S 3, 4): KARNATAKA ESSENTIAL COMMODITIES
(STORAGE ACCOUNTS MAINTAINING VALUE NOTIFICATION) ORDER
1981 (U/S-8 : IPC 1860 (U/S 420) : KARNATAKA ESSENTIAL
COMMODITIES (PUBLIC DISTRIBUTION SYSTEM) PUBLIC CONTROL
ORDER 2016 (U/S 18, 19) AGAINST THE PETITIONERS HEREIN
BEING TOTALLY ARBITRARY, ERRONEOUS WITHOUT JURISDICTION
AND AMOUNTING TO ABUSE OF PROCESS OF COURT.
THIS PETITION, COMING ON FOR ADMISSION, THIS DAY, THE
COURT MADE THE FOLLOWING:
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NC: 2024:KHC-D:3914
CRL.P No. 102518 of 2019
ORDER
1. The petitioners have been charged with the
offences under Sections 7, 3 and 6(A) of the Essential
Commodities Act, 1955 inasmuch as they were
transporting the commodities, which were meant for
distribution under public distribution order.
2. Learned counsel for the petitioners submits that
the essential commodities have not been certified to be
utilized only for public distribution as contemplated. In
absence of the Certificate of Forensic Science Laboratory,
present proceedings cannot be continued. He further
submits that, the Police Authorities have no power to
initiate proceedings in view of the judgment rendered in
Crl.P.No.5192/2010 disposed off on 24.01.2011.
3. This Court in Crl.P.No.5130/2023 has held that
in the absence of Forensic Science Laboratory Certificate,
proceedings cannot be sustained. The proceedings stand
vitiated, since the said certificate is not forthcoming in the
present case and in view of the aforesaid judgment.
NC: 2024:KHC-D:3914
4. The petition is allowed and the proceedings
initiated against the petitioners are quashed.
Sd/-
JUDGE
EM/CT:BCK
