Karnataka High Court
Sachin Satpute S/O Manjunath vs The State Of Karnataka on 19 February, 2024
Author: N.S.Sanjay Gowda
Bench: N.S.Sanjay Gowda
-1-
NC: 2024:KHC-D:3922
CRL.P No. 103023 of 2023
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. 103023 OF 2023
BETWEEN:
1. SACHIN SATPUTE
S/O MANJUNATH,
AGE. MAJOR,
OCC. OWNER OF TRUCK,
R/O. GOLLAR COLONY,
DHARWAD,
TQ. HUBBALLI,
DHARWAD-580006.
2. MAHMADYASEEN RAKKASAGI,
AGE. MAJOR, OCC. COOLIE,
R/O. SHIVANANDNAGAR,
DHARWAD,
TQ. HUBBALLI,
Digitally
signed by DHARWAD-580008.
MANJANNA
MANJANNA E
E Date:
2024.02.22 3. MEHABOOBSAB KILLEDAR,
14:25:58
+0530 AGE. MAJOR, OCC. COOLIE,
R/O. MANIKILLA NEAR HARIMANDIR,
DHARWAD,
TQ. HUBBALLI,
DIST. DHARWAD-580001.
4. ABUBKAR @ RIYAZAHMJAD SHEIKH
S/O MEHABOOBSAB,
AGE. MAJOR,
OCC. COOLIE,
R/O PENDARGALLI,
DHARWAD
-2-
NC: 2024:KHC-D:3922
CRL.P No. 103023 of 2023
TQ. HUBBALLI,
DHARWAD-580020.
5. IMTIYAZ AHMAD KHAJI
S/O ABDULRAZAK,
AGE. MAJOR, OCC. COOLIE,
R/O. HAVERIPETH, DHARWAD
TQ. HUBBALLI,
DHARWAD-580001.
... PETITIONERS
(BY SRI. R.H. ANGADI, ADVOCATE)
AND:
THE STATE OF KARNATAKA,
(SUB-URBAN P.S.) DHARWAD,
R/BY STATE PUBLIC PROSECUTOR,
H.C DHARWAD-1.
... RESPONDENT
(BY SRI. P.N. HATTI, HCGP)
THIS CRIMINAL PETITION IS FILED U/S 482 OF CR.PC.,
SEEKING TO QUASH THE COMPLAINT FIR CHARGE SHEET, ORDER OF
COGNIZANCE DATED 29.11.2022 AND THE ENTIRE CRIMINAL
PROCEEDINGS PENDING IN CC NO.4688/2022 ON THE FILE OF
PRINCIPAL CIVIL JUDGE AND JMFC COURT, DHARWAD IN
CONNECTION WITH DHRWAD SUB-URBAN P.S.CRIME NO360/2021,
FOR THE OFFENSES PUNISHABLE UNDER SECTION 3,7 OF
ESSENTIAL COMMODITIES ACT, 1955 AND UNDER SECTION 18(1)
OF KARNATAKA ESSENTIAL COMMODITIES (PUBLIC DISTRIBUTION
SYSTEM) PUBLIC CONTROL ORDER 2016 PENDING AGAINST THE
PETITIONERS WHO ARE ARRAYED AS ACCUSED NO. 1 TO 5.
THIS PETITION, COMING ON FOR ADMISSION, THIS DAY, THE
COURT MADE THE FOLLOWING:
-3-
NC: 2024:KHC-D:3922
CRL.P No. 103023 of 2023
ORDER
1. The petitioners have been charged with the
offences under Sections 3 & 7 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 alleged offences are cognizable, as such, conducting of
investigation without registering the FIR is impermissible.
The essential commodities have not been certified to be
utilized only for public distribution as contemplated. In
absence of Certificate of Forensic Science Laboratory,
present proceedings cannot be continued. He further
submits that, this petition is covered by the decision of the
Co-Ordinate Bench of this Court in Cr.P.No.101739/2021
and connected matters disposed of on 16.02.2022.
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
NC: 2024:KHC-D:3922
vitiated, since the said certificate is not forthcoming in the
present case and also in view of the aforesaid judgments.
4. The petition is allowed and the proceedings
initiated against the petitioners are quashed.
Sd/-
JUDGE
EM/CT:BCK
