Kerala High Court
Ratheesh P.T vs State Of Kerala on 19 February, 2025
2025:KER:14482
Crl.M.C.No.660 of 2020
1
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE S.MANU
WEDNESDAY, THE 19TH DAY OF FEBRUARY 2025 / 30TH MAGHA, 1946
CRL.MC NO.660 OF 2020
CRIME NO.532/2015 OF SREEKRISHNAPURAM POLICE STATION,
PALAKKAD
TO QUASH ANNEXURE A2 FINAL REPORT AND ALL FURTHER
PROCEEDINGS IN CC NO.91 OF 2016 ON THE FILE OF THE JUDICIAL
FIRST CLASS MAGISTRATE COURT-I, OTTAPALAM
PETITIONER/ACCUSED:
RATHEESH P.T., S/O. NAMASIVAYAN, PANTHAPULAKKAL
THERUVU KOTTAPPURAM, OTTAPPALAM TALUK,
PALAKKAD DISTRICT
BY ADVS.
P.JAYARAM
AKHIL P
RESPONDENT/STATE:
STATE OF KERALA,
REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF
KERALA, ERNAKULAM-682031
SMT.MAYA M.N., PUBLIC PROSECUTOR
THIS CRIMINAL MISC. CASE HAVING COME UP FOR FINAL HEARING
ON 19.02.2025, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
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Crl.M.C.No.660 of 2020
2
ORDER
Dated this the 19th day of February, 2025
Spoke. The order in this Crl.M.C dated 14.02.2025 is recalled.
2. The petitioner seeks to quash Annexure A2 final report and
Annexure A3 order by which his application for discharge was rejected
by the learned Magistrate. His further prayer is to quash all further
proceedings in C.C.No.91 of 2016 on the files of the Judicial First Class
Magistrate-I, Ottappalam.
3. According to the prosecution, the petitioner was found
indulging in unlawful sale of petrol and diesel on 21.07.2015 at
06.30 p.m.. 56 litres of petrol and 27 litres of diesel was kept in a shed
built near his house at Kottappuram, Ottapplam Taluk. The search,
seizure and investigation were conducted by the Sub Inspector of Police,
Sreekrishnapuram. On conclusion of the investigation, final report was
filed. Cognizance was taken and the case is pending as C.C.No.91/2016
on the files of the Judicial First Class Magistrate-I, Ottappalam.
4. The petitioner filed an application for discharge as
Crl.M.P.No.2795 of 2018. The learned Magistrate heard the counsel for
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the petitioner and also the Assistant Public Prosecutor and by order
dated 11.12.2019 dismissed the application for discharge. Thereafter,
this Crl.M.C. was filed.
5. The major contention raised in this Crl.M.C. is regarding the
power of the Sub Inspector of Police to conduct the search and seizure
and also to conduct the investigation. According to the petitioner, the
Sub Inspector of Police was incompetent in view of Clause 7 of the Motor
Spirit and High Speed Diesel (Regulation of Supply, Distribution and
Prevention of Malpractices) Order 2005. He contended that no Officer
below the rank of Deputy Superintendent of Police would be competent
to deal with search, seizure and the investigation of any offence regulated
by the above said Order.
6. The learned counsel for the Petitioner relied on the judgment of
the Hon'ble Supreme Court in Avtar Singh v. State of Punjab [2023
KHC Online 6305] and the order of a learned Single Judge of this Court
in Salim v. State of Kerala [2023 KHC Online 9288]. In Avatar
Singh's case supra, the Hon'ble Supreme Court has considered the
Crl.Appeal arising from the judgment of the High Court of Punjab &
Haryana in a case in which the appellants were convicted under Section 7
of the Essential Commodities Act, 1955. It was contended before the
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Hon'ble Supreme Court that the search and seizure was conducted by a
Sub-Inspector of Police, who was not authorized to proceed for the
offence under clause 7 of the Liquefied Petroleum Gas (Regulation of
Supply and Distribution) Order, 1988. The Hon'ble Supreme Court
referred to the relevant provision of clause 7 and observed that it was
nowhere prescribed that a Sub-Inspector of Police can take action. The
proceedings initiated by the Sub-Inspector was held as totally
unauthorized and the conviction and sentence imposed on the
Appellants were set aside. The learned Single Judge of this Court in
Salim's case supra, followed the law laid down by the Hon'ble Supreme
Court in Avatar Singh's case supra and quashed the F.I.R registered
under Section 7(1)(a)(ii) of Essential Commodities Act, 1955 and Section
3(1)(b) of the Liquefied Petroleum Gas (Regulation of Supply and
Distribution) Order, 1988.
7. In the light of the law laid down by the Hon'ble Supreme Court
and followed by this Court, the proceedings under challenge in this
Crl.M.C cannot be sustained. A perusal of the final report confirms that
the case was registered, investigation was conducted and the final report
was submitted by the Sub-Inspector of Police, who was not authorized.
Annexure-A2 final report and all further proceedings in C.C.No.91/2016
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on the files of the Judicial First Class Magistrate's Court-I, Ottapalam shall
stand quashed.
Accordingly, this Crl.M.C is allowed as above.
Sd/-
S.MANU
JUDGE
vgd/19.02.25
2025:KER:14482
PETITIONER'S ANNEXURES
ANNEXURE A1 COPY OF THE FIRST INFORMATION REPORT WITH
SEARCH LIST IN CRIME NO. 532/2015 OF
SREEKRISHNAPURAM POLICE STATION.
ANNEXURE A2 COPY OF THE FINAL REPORT/CHARGE SHEET
FILED BY THE POLICE IN CRIME NO. 532/2015
SREEKRISHNAPURAM POLICE STATION/C.C. NO.
91/2016 ON THE FILES OF JUDICIAL FIRST
CLASS MAGISTRATE -1, OTTAPALAM.
ANNEXURE A3 COPY OF THE ORDER DATED 11.12.2019 IN
CRL.M.P. NO. 2795/2018 IN C.C. NO. 91/2016
ON THE FILES OF JUDICIAL FIRST CLASS
MAGISTRATE-1, OTTAPALAM.
