Sachin Popat Hanabar vs The State Of Karnataka
2024 Latest Caselaw 5010 Kant

Karnataka High Court

Sachin Popat Hanabar vs The State Of Karnataka on 19 February, 2024

Author: N.S.Sanjay Gowda

Bench: N.S.Sanjay Gowda

                                                  -1-
                                                          NC: 2024:KHC-D:3910
                                                          CRL.P No. 100253 of 2021




                                 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.100253/2021(482)

                      BETWEEN:

                      1.   SRI SACHIN POPAT HANABAR,
                           AGE: 30 YEARS,
                           OCC: DRIVER,
                           R/O: SHEDABAL VILLAGE,
                           TQ: ATHANI,
                           DIST: BAGALKOT - 591 304.

                      2.   SRI PRAKASH ANAND JADHAV,
                           AGE: 28 YEARS,
                           OCC: DRIVER,
                           R/O: SHEDABAL VILLAGE,
                           TQ: RABAKAVI- BANAHATTI,
                           DIST: BAGALKOT - 587 314.
         Digitally
         signed by
         MANJANNA
MANJANNA E
E        Date:


                      3.   SRI RAGHAVENDRA MALLAPPA TELI,
         2024.02.22
         14:19:11
         +0530




                           AGE: YEARS, OCC:
                           R/O: RABAKAVI, BANAHATTI,
                           DIST: BAGALKOT, PIN - 591 304.

                      4.   SRI MAHANTESH SURESH VADARALE,
                           AGE: 40 YEARS,
                           OCC: AGRICULTURE,
                           R/O: SHEDABAL VILLAGE,
                           TQ: ATHANI,
                           DIST: BELAGAVI - 591 304.
                                                                     ...PETITIONERS
                      (BY SRI ANAND R. KOLLI, ADVOCATE)
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                                        NC: 2024:KHC-D:3910
                                        CRL.P No. 100253 of 2021




AND:

1.   THE STATE OF KARNATAKA,
     REPRESENTED BY: STATE PUBLIC PROSECUTOR
     HIGH COURT OF KARNATAKA,
     DHARWAD,
     THROUGH TERDAL
     POLICE STATION,
     BANAHATTI,
     DIST: BAGALKOT - 587 314.

2.   SHRI DATTATRAYA BALAVANT
     RAO DESHAPANDE,
     AGE: 53 YEARS,
     OCC: FOOD SIRESTEDAR OFFICE,
     R/O: GOVERNMENT QUARTERS,
     JAMKHANDI,
     DIST: BAGALKOT - 587 301.
                                                  ...RESPONDENTS
(BY SRI P.N.HATTI, HCGP)

       THIS CRIMINAL PETITION IS FILED UNDER SECTION 482 OF

CR.P.C.,   PRYING   TO   QUASH    THE   ENTIRE   PROCEEDINGS   IN

CONNECTION WITH CRIME NO.0026/2020 REGISTERED BY TERDAL

POLICE STATION, FOR THE OFFENCES PUNISHABLE U/SECTION 3

AND 7 OF KARNATAKA ESSENTIAL COMMODITY ACT 1955 AND THE

SAME IS PENDING FOR CONSIDERATION BEFORE THE CIVIL JUDGE

AND JMFC, BANAHATTI IN THE INTEREST OF JUSTICE.



       THIS PETITION, COMING ON FOR ORDERS, THIS DAY, THE

COURT MADE THE FOLLOWING:
                               -3-
                                    NC: 2024:KHC-D:3910
                                    CRL.P No. 100253 of 2021




                           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 essential commodities have not been certified to be

utilized only for public distribution as contemplated. In

absence of such 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.4233/2016 disposed off on 18.08.2016.

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.

NC: 2024:KHC-D:3910

4. The petition is allowed and the proceedings

initiated against the petitioners are quashed.

Sd/-

JUDGE EM/CT:BCK