Telangana High Court

Yerra Bhumanna vs The State Of Telangana on 26 April, 2023

Bench: K.Surender

        THE HONOURABLE SRI JUSTICE K.SURENDER
      CRIMINAL PETITION Nos. 824 of 2020, 606 of 2021,
     11057, 11075, 11372, 6727, 9405 and 11877 of 2022

COMMON ORDER:

1.

Criminal Petition No.11075 of 2022 is filed questioning

the prosecution against the petitioner in C.C.No.434 of 2022

on the file of Judicial Magistrate of First Class at Armoor for

the offences under Sections 420 IPC, Section 7 of Essential

Commodities Act, 1955 (for short 'the Act of 1955') and

Clause 17(e) of Telangana State Public Distribution System

(Control) Order, 2016 (for short 'the Order').

2. It is the case of the prosecution that on 10.11.2022, the

petitioner was found transporting PDS rise. On the basis of

investigation that PDS rice was being purchased and sold in

turn for profit, case was registered.

3. Criminal Petition No.6727 of 2022 is filed to quash the

proceedings against the petitioner in CC No.11 of 2022 on the

file of Additional Judicial First Class Magistrate at

Mahubabad for the offences under Sections 420 of IPC and

Sections 7 & 8 of the Act of 1955.

4. It is the case of the prosecution the petitioner was

stopped and found PDS rice in his vehicle. The said PDS rice

was procured at a cheaper rate and sold for profit. The Police,

Kesamudram filed charge sheet for the offences under Section

420 IPC and Sections 7 & 8 of the Act of 1955.

5. Criminal Petition No.11057 of 2022 is filed to quash the

proceedings against the petitioner in C.C.No.704 of 2018 on

the file of Judicial Magistrate of First Class at Wanaparthy for

the offences Section 420 IPC and Sections 7 & 8 of the Act of

1955. It is the case of the prosecution that the police

Wanaparthy on 08.08.2014 found 206 quintals of PDS rice,

which was seized and investigated.

6. Criminal Petition No.824 of 2020 is filed to quash the

proceedings against the petitioners in C.C.No.456 of 2019 on

the file of Additional Judicial First Class Magistrate at Nirmal

for the offences Section 420 IPC and Section 7 of the Act of

1955. It is the case of the prosecution that the Police Kadam

found the accused collecting PDS rice from card holders at

cheaper rate, which was detected and premises were

searched on 13.04.2017. PDS rice was found, seized and

investigation done. The accused are charge sheeted for the

offences under Sections 420 IPC and Section 7 of the Act.

7. Criminal Petition No.9405 of 2022 is filed to quash the

proceedings against the petitioner in C.C.No.1890 of 2020 on

the file of V Additional Metropolitan Magistrate-cum-I

Additional Junior Civil Judge, Uppal at L.B.Nagar for the

offences Section 420 IPC and Section 7 of the Act of 1955. It

is the case of the prosecution that the police Nacharam and

civil supplies officials raided the premises on 11.08.2019 and

found PDS rice. The said rice about 300 quintals was seized.

8. Criminal Petition No.606 of 2021 is filed to quash the

proceedings against the petitioner in Crime No.176 of 2020

on the file of Jogipet Police Station, Sanga Reddy District for

the offences Section 420 IPC and Section 7 of the Act of 1955.

It is the case of the prosecution that the Deputy Tahsildar,

Civil Supplies seized lorry transporting PDS rice and

accordingly handed over to the police for the purpose of

investigation.

9. Criminal Petition No.11372 of 2022 is filed to quash the

proceedings against the petitioner in C.C.No.884 of 2019 on

the file of Additional Judicial First Class Magistrate at

Bhongir for the offences Section 420 IPC and Section 7(1) of

the Act of 1955. It is the case of the prosecution that on

07.03.2015 at 2.00 p.m, PDS rice was seized which was

found filled in gunny bags. The said rice was stored for selling

at higher price to customers. Therefore, offence under Section

420 and 7(1) of the Act of 1955 is made out.

10. Criminal Petition No.11877 of 2022 is filed to quash the

proceedings against the petitioner in C.C.No.410 of 2019 on

the file of Additional Judicial First Class Magistrate at

Bhongir for the offences Section 420 IPC and Section 7(1) of

the Act of 1955. It is the case of the prosecution that on

06.06.2017 at 3.00 p.m, three vehicles carrying PDS rise were

intercepted and seized. On the basis of carrying PDS rice and

for being in possession of PDS rice, complaint was filed.

11. Since issues involved in all the criminal petitions are

one and they same, they are being disposed of by way of this

Common Order.

12. This Court in Criminal Petition Nos.82 of 2021 & batch,

at paragraphs 21 to 24 held as follows:

21. It is also relevant to note that clause 17 of the TSPDS© Order, 2016 deals with penalties for possessing cards, making false entries or diverting stocks. As per clause 17(e) of the TSPDS© Order, 2016, if any person is found to have purchased the rice supplied through PDS either from the cardholder or fair price shop dealer or any other source, he shall be liable for criminal action and imposition of penalty as may be fixed by the competent authority.

22. In Maimuna Begum (supra), the Division Bench, considering the very same allegation i.e. detenus therein purchased rice meant for 11 public distribution system, it was held that alleged activity of the detenus purchasing the PDS rice from card holder etc., completely falls outside Clause 17(A) of the Control Order, 2008. Once there is no prohibition on such activity either under the 1995 Act or under the Control Order, 2008 which undisputedly is the only order that governs distribution and control of rice meant for public distribution system, the detenus cannot be accused of committing any offence.

23. As stated above, the Government of Telangana in exercise of powers under Section 3 read with 5 of the EC Act that and in terms of the order of the Ministry of Central Affairs Civil Supplies, and Public Distribution, Government of India, GSR No.213(3), dated 20.03.2015, in supercession of the A.P. State Public Distribution System(Control) Order, 2008 issued G.O.Ms.No.29, dated 19.08.2016 promulgating the TSPDS(C) Order, 2016.

24. In view of the same, the principle laid down in Maimuna Begum (supra), is not applicable to the facts of the present case. In the present cases. There are specific allegations of purchase of rice from the cardholders which is after introduction of clause 17 (e) of the Control Order 2016 and the said judgment is applicable only to a case which falls prior to the introduction of the said provision.

13. The rice and paddy are essential commodities under

Clause 17(e) of the Order and the same was introduced on

19.08.2016. Purchase of PDS rice from card holders or

dealing in any manner is made as an offence. In the present

petitions, offence is one of purchase, search, sale and illegal

transportation of PDS rise, which is in contravention of

Clause 17(e) of the Order and made punishable criminally.

14. In the said circumstances, the cases registered after

19.08.2016 cannot be quashed and it is for the petitioners

herein to workout their remedies before the trial Court.

15. In the result, the proceedings against the petitioners in

C.C. No.704 of 2018 on the file of Judicial Magistrate of First