Karnataka High Court
Jagadish Biradar vs The State Of Karnataka on 9 December, 2022
Author: Hemant Chandangoudar
Bench: Hemant Chandangoudar
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CRL.P No. 103984 of 2022
IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH
DATED THIS THE 9TH DAY OF DECEMBER, 2022
BEFORE
THE HON'BLE MR JUSTICE HEMANT CHANDANGOUDAR
CRIMINAL PETITION NO. 103984 OF 2022 (482-)
BETWEEN:
1. JAGADISH BIRADAR, S/O RAMANAGOUDA
AGE. 25 YEARS, OCC. DRVIER,
R/O. BUDHIHAL PH, SINDAGI,
TQ. BAGALKOT-587101
2. GOVINADARAJ MULAGUNDA
S/O SUBHASHCHANDRA
AGE. 50, OCC. BUSINESS,
R/O. OLD BAGALKOT,
KILLA GALLI, TQ. BAGALKOT-587101
3. GURURAJ BIRADAR S/O RAMANGOUDA
AGE. 30, OCC. DRIVER,
R/O. NAVANAGAR,SECTOR NO. 36
TQ. DIST. BAGALKOT-587101
...PETITIONERS
(BY SRI. M L VANTI., ADVOCATE)
AND:
1. THE STATE OF KARNATAKA
BY P.S.I. NAVANAGAR, BAGALKOT POLICE STATION,
REPRESENTED BY
STATE PUBLIC PROSECUTOR HIGH COURT OF
KARNATAKA DHARWAD BENCH
DHARWAD
...RESPONDENT
(BY SRI. V.S.KALASURMATH, HCGP)
THIS CRIMINAL PETITION IS FILED U/S 482 OF CR.P.C.,
SEEKING TO QUASH THE PROCEEDINGS AGAINST
PETITIONERS/ACCUSED NO. 1 TO 3 IN C.C.NO. 38/2022 PENDING
ON THE FILE OF ADDL. CIVIL JUDGE AND JMFC BAGALKOT FOR THE
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CRL.P No. 103984 of 2022
OFFENCES PUNISHABLE U/S. 3 AND 7 OF ESSENTIAL COMMODITIES
ACT 1955.
THIS PETITION COMING ON FOR ADMISSION, THIS DAY, THE
COURT MADE THE FOLLOWING:
ORDER
The learned HCGP accepts notice for the respondent.
2. A charge sheet has been filed against the petitioners-accused for the offences punishable under Sections 3 and 7 of the Essential Commodities Act, 1955, alleging that on receiving credible information that the accused Nos.1 & 3 were transporting food grains meant for distribution under the Public Distribution System (PDS) unauthorisedly. The Police conducted the raid and thereafter seized the food materials from the vehicle in which the accused Nos.1 & 3 were allegedly transporting the food grains unauthorisedly, the charge sheet was also filed against the accused No.2 who is a registered traders and at their instance, the food grains were transported by the petitioners-accused herein unauthorisedly. The learned Magistrate after accepting the charge sheet took cognizance of the aforesaid offences and issued summons. Taking exception -3- CRL.P No. 103984 of 2022 to the same, the petitioners-accused Nos.1 to 3 are before this Court.
3. Learned counsel appearing for the petitioners submits that the petitioners-accused were transporting the food grains on behalf of accused No.2 who is the registered dealer under the valid permit issued by the Agricultural Produce Market Committee concerned. In the absence of any exigency, conducting of the raid and seizing food material before registering the FIR is impermissible, in view of the decision of the Hon'ble Supreme Court in the case of Lalita Kumari vs. Government of Uttar Pradesh and others1. He further submits that the charge sheet material does not disclose that the food grains which were transported by the petitioners- accused herein were meant for distribution under the Public Distribution System.
4. On the other hand, the learned HCGP appearing for the respondent-State submits that the petitioners having transported the food grains meant for distribution under PDS unauthorisedly have committed the aforesaid offences and the 1 (2014) 2 SCC 1 -4- CRL.P No. 103984 of 2022 cognizance taken by the learned Magistrate does not warrant any interference.
5. I have examined the submissions made by the learned counsel for the parties.
6. The charge sheet material does not disclose that the food grains which were seized from the accused herein was meant for distribution under the PDS. In the absence of any corroborative materials, the charge sheet filed only on the basis of allegation is without any substance.
7. The APMC concerned has issued a transport permit bearing registration number of the vehicle in question authorizing for transporting the food grains seized. This document is not disputed by the respondent-State. Hence, it is inferred that the food grains which were seized from the accused herein were transported authorisedly and not unauthorisedly as alleged by the Police.
8. Even otherwise, in the absence of any exigency, the conducting of the raid before the registration of the FIR is impermissible since registration of the FIR before conducting -5- CRL.P No. 103984 of 2022 the raid is a normal procedure established by law and in conformity under Article 21 of the Constitution of India. In view of the same, the continuation of the criminal proceedings against the petitioners-accused Nos.1 to 3 will be an abuse of process of law since the probability of the conviction of the petitioners is remote and bleak. Accordingly, I pass the following:
ORDER Criminal Petition is allowed. The impugned proceedings in C.C. No.38/2022 pending on the file of the Additional Civil Judge and JMFC Court, Bagalkot, insofar as it relates to the petitioners-accused herein is hereby quashed.
Sd/-
JUDGE KMS List No.: 1 Sl No.: 68