Vithal Suresh Jagadal vs The State Of Karnataka
2024 Latest Caselaw 5009 Kant

Karnataka High Court

Vithal Suresh Jagadal vs The State Of Karnataka on 19 February, 2024

Author: N.S.Sanjay Gowda

Bench: N.S.Sanjay Gowda

                                                     -1-
                                                            NC: 2024:KHC-D:3921
                                                            CRL.P No. 102888 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. 102888 OF 2023
                      BETWEEN:
                      1.   VITHAL SURESH JAGADAL,
                           AGE. 40 YEARS, OCC. DRIVER,
                           R/O. HOSUR VILLAGE,
                           TQ. RABAKAVI-BANAHATTI,
                           DIST. BAGALKOT, PIN-587314.

                      2.   RAGHAVENDRA GANGAPPA TELI,
                           AGE. 40 YEARS, OCC. DRIVER,
                           R/O. HOSUR VILLAGE,
                           TQ. RABAKAVI-BANAHATTI,
                           DIST. BAGALKOT, PIN-587314.
                                                                       ... PETITIONERS
                      (BY SRI. ANAND R. KOLLI, ADVOCATE)

                      AND:

                      1.   THE STATE OF KARNATAKA,
                           R/BY STATE PUBLIC PROSECUTOR,
         Digitally         HIGH COURT OF KARNATAKA, DHARWAD
         signed by
         MANJANNA          THROUGH TERADAL POLICE STATION,
MANJANNA E
E        Date:             PIN-580011.
         2024.02.22
         14:25:43
         +0530
                      2.   VITHAL PADIYAPPA KUGATI,
                           AGE. 35 YEARS, OCC. FOOD
                           INSPECTOR RABAKAVI-BANAHATTI,
                           DIST. BAGALKOT, PIN CODE-587314.
                                                                      ... RESPONDENTS
                      (BY SRI. P.N. HATTI, HCGP)

                            THIS CRIMINAL PETITION IS FILED UNDER SECTION 482 OF
                      CR.P.C. SEEKING TO QUASH THE COMPLAINT AND FIR IN CRIME
                      NO.45/2023 REGISTERED BY TERADAL POLICE STATION FOR THE
                      OFFENCES PUNISHABLE UNDER SECTION 3(2), 7 OF KARNATAKA
                      ESSENTIAL COMMODITIES ACT 1955 PENDING FOR BEFORE THE
                      CIVIL JUDGE AND JMFC BANAHATTI.
                               -2-
                                    NC: 2024:KHC-D:3921
                                    CRL.P No. 102888 of 2023




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

                          ORDER

1. The petitioners have been charged with the

offences under Sections 3(2) & 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 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:3921

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