Karnataka High Court
Sultan S/O Jainuddin And Anr vs The State Through Mannaekhelli Police on 2 July, 2025
Author: V Srishananda
Bench: V Srishananda
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NC: 2025:KHC-K:3602
CRL.RP No. 200075 of 2022
HC-KAR
IN THE HIGH COURT OF KARNATAKA,
KALABURAGI BENCH
DATED THIS THE 02ND DAY OF JULY, 2025
BEFORE
THE HON'BLE MR. JUSTICE V SRISHANANDA
CRIMINAL REVISION PETITION No.200075 OF 2022
(397(Cr.PC)/438(BNSS))
BETWEEN:
1. SULTAN S/O JAINUDDIN,
AGE:43 YEARS OCC:DRIVER,
R/O. MANNAEKHELLI TQ. HUMNABAD,
DIST. BIDAR-585201.
2. KHALEEL S/O SADAK ALI AHMED CHAKRAPALIWADE,
AGE:43 YEARS, OCC:BUSINESS,
R/O. CHITGUPPA, TQ. HUMNABAD,
DIST. BIDAR-585201.
...PETITIONERS
(BY SRI ABDUL RAHEMAN, ADVOCATE APPEARED FOR
SRI. LIYAQAT FAREED USTAD, ADVOCATE)
Digitally signed
by RENUKA
AND:
Location: HIGH
COURT OF
KARNATAKA THE STATE THROUGH,
MANNAEKHELLI POLICE STATION,
REP. BY ASST. PUBLIC PROSECUTOR,
HIGH COURT KALABURAGI BENCH-585107.
...RESPONDENT
(BY SRI. JAMADAR SHAHABUDDIN, HCGP)
THIS CRL.RP IS FILED U/S.397 OF CR.P.C PRAYING TO SET
ASIDE THE ORDER DATED 11.09.2020 PASSED BY THE COURT OF
PRL. DISTRICT AND SESSIONS JUDGE AT BIDAR IN CRL. A. No. 12/
2018 BY CONFIRMING THE ORDER DATED 11.01.2018 PASSED BY
THE II ADDL. CIVIL JUDGE AND JMFC-II BIDAR IN CRL. CASE
NO.1841/2015.
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CRL.RP No. 200075 of 2022
HC-KAR
THIS PETITION, COMING ON FOR FINAL HEARING, THIS
DAY, ORDER WAS MADE THEREIN AS UNDER:
CORAM: HON'BLE MR. JUSTICE V SRISHANANDA
ORAL ORDER
(PER: HON'BLE MR. JUSTICE V SRISHANANDA)
Heard Sri Abdul Raheman, advocate for Sri Liyaqat
Fareed Ustad, learned counsel for the petitioners and Smt.Arati
Patil, learned High Court Government Pleader for the State.
2. Revision Petitioners are the accused who suffered an
Order of conviction in C.C.No.1841/2015 dated 11.01.2018 on
the file of the II Addl. Civil Judge and JMFC-II, Bidar, for the
offence punishable under Sections 3 and 7 of the Essential
Commodities Act and sentenced as under:
"In exercising the powers conferred under Section 255(2)
of Code of Criminal Procedure the accused No.1 and 2 are
found guilty for the offence punishable under Section 3
read with Section 7 of the Essential of Commodities Act.
The Accused no.1 and 2 are shall undergo simple
imprisonment for a term of one year for the offence
punishable under Section 3 read with Section 7 of
Essential Commodities Act and pay fine amount of
Rs.5,000/- each. In default of paying fine amount they
shall go simple imprisonment for the term of one month."
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3. Validity of the Order of conviction was challenged in
Crl.A.No.12/2018 on the file of the Prl. District and Sessions
Judge, Bidar. Learned Judge in the First Appellate Court after
securing the records heard the parties in detail and by
considered judgment dated 11.09.2020 dismissed the appeal.
4. Being further aggrieved by the same, accused are before
this Court.
5. Gist of the case of the prosecution is that the revision
petitioners were caught hold by the police when blue kerosene
meant for public distribution to the tune of 400 litres was being
transported in a goods vehicle on 01.04.2015.
6. Admittedly, revision petitioners did not possess any pass
or permit for transporting such a huge quantity of blue
kerosene which was meant for public distribution. Therefore,
same was seized under panchanama. Thereafter, case was
registered and after thorough investigation, charge sheet came
to be filed.
7. Seizure of blue kerosene is depicted by placing written
panchanama on record. Samples were drawn. Same were sent
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to chemical examiner who has confirmed that seized sample
tallied with the remaining quantity of kerosene and it was
meant for public distribution. Absolutely there was no defence
raised on behalf of the accused.
8. Thereafter, learned Trial Judge on overall consideration of
the material evidence placed on record, convicted the accused
for the offence punishable under Sections 3 and 7 of the
Essential Commodities Act and sentenced the accused as
referred to supra by granting minimum punishment prescribed
under the statute.
9. Learned Judge in the First Appellate Court rightly re-
appreciated the material evidence on record and noted that in
the absence of any appeal filed by the State, there cannot be
any enhancement of sentence for proved offences and rightly
rejected the appeal.
10. This Court in the limited revisional jurisdiction took into
consideration the arguments put forth on behalf of the revision
petitioners and is of the considered opinion that in the absence
of any pass or permit to transport the blue kerosene possessed
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by the accused, that too, to the tune of 400 litres in a goods
vehicle itself completes the offence under Sections 3 and 7 of
the Essential Commodities Act.
11. Admittedly, blue kerosene is an essential commodity
classified under the Act meant for poor people for being sold on
subsidized price.
12. Therefore, Order convicting the revision petitioners and
sentencing to undergo one year imprisonment for the proved
offence, in the considered opinion of this Court, that too in
revisional jurisdiction, does not require any interference
whatsoever.
13. Accordingly, the following:
ORDER
(i) Revision Petition is meritless and is hereby
dismissed.
(ii) Time is granted for the revision petitioners to
surrender before the Trial Court for serving
remaining part of the sentence, till 30th July 2025.
Sd/-
(V SRISHANANDA)
JUDGE
kcm
CT:PK
