Karnataka High Court
Sri Doddaraju vs State Of Karnataka on 9 November, 2022
Author: M. Nagaprasanna
Bench: M. Nagaprasanna
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IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 09TH DAY OF NOVEMBER, 2022
BEFORE
THE HON'BLE MR. JUSTICE M. NAGAPRASANNA
CRIMINAL PETITION No.3966 OF 2022
BETWEEN:
SRI DODDARAJU
S/O MANCHEGOWDA
AGED ABOUT 50 YEARS
R/A NO.17, 10TH MAIN
2ND CROSS, GNYANJYOTHI NAGAR
BENGALURU SOUTH
BENGALURU - 560 056.
... PETITIONER
(BY SRI SUNIL S.RAO, ADVOCATE)
AND:
1. STATE OF KARNATAKA
REPTD. BY MADDUR POLICE STATION
REPRESENTED BY SPP
HIGH COURT OF KARNATAKA
BENGALURU - 560 001.
2. THE MANDYA DISTRICT CO-OPERATIVE
MILK PRODUCERS SOCIETIES
UNION LIMITED
REPRESENTED BY ITS
MANAGING DIRECTOR
AT GEJJALLAGERI, MADDUR TALUK
MANDYA DISTRICT - 570 428.
... RESPONDENTS
(BY SMT.K.P.YAHSODHA, HCGP FOR R1;
SRI B.RAVINDRA PRASAD, ADVOCATE FOR R2)
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THIS CRIMINAL PETITION IS FILED UNDER SECTION 482 OF
CR.P.C., PRAYING TO QUASH THE IMPUGNED THE FIR BEARING
CR.NO.161/2021 ON THE FILE OF THE II A.C.J AND J.M.F.C
MADDUR, MANDYA DISTRICT DATED 28.05.2021 AND THE
COMPLAINT LODGED BY THE RESPONDENT NO.2 DATED
27.05.2021 AT ANNEXURE-A AND A1 FOR THE OFFENCE P/U/S 272,
406, 420 OF IPC AND SEC.7(1), 16 OF PREVENTION OF FOOD
ADULTERATION ACT.
THIS CRIMINAL PETITION HAVING BEEN HEARD AND
RESERVED FOR ORDERS ON 29.10.2022, COMING ON FOR
PRONOUNCEMENT THIS DAY, THE COURT MADE THE FOLLOWING:-
ORDER
The petitioner is before this Court calling in question crime in Crime No.161 of 2021 registered for offences punishable under Sections 272, 406 and 420 of the IPC and Sections 7(1) and 16 of the Prevention of Food Adulteration Act, 1954 ('the Act' for short), pending before the Additional Civil Judge (Junior Division) and JMFC, Maddur.
2. Heard Sri Sunil S.Rao, learned counsel appearing for the petitioner, Smt. K.P.Yashodha, learned High Court Government Pleader appearing for respondent No.1 and Sri B. Ravindra Prasad, learned counsel appearing for respondent No.2. 3
3. Brief facts leading to the filing of the present petition, as borne out from the pleadings, are as follows:-
The petitioner is accused No.6 and 2nd respondent/Mandya District Co-operative Milk Producers' Societies Union Limited (hereinafter referred to as 'the Union' for short) is the complainant. The 2nd respondent is a District Milk Federation, which operates under a larger body i.e., Karnataka Milk Federation. The 2nd respondent in the year 2020, invited tenders for transportation of milk from various Village Bulk Milk Coolers (Dairies) to the Central Main Dairy situated at Gejjalageri Village, Mandya District. In one such tender floated, the petitioner was declared to be a successful bidder for Sunkathonuru Village, Yeladahalli and Melukote villages therein, for transportation of milk from village bulk milk coolers to the central main dairy. The petitioner claims to have been operating and executing the contract without any blemish. Things standing thus, the 2nd respondent/the Union registers a complaint before the Police alleging that the said P.Raju, who was also a successful tenderer in one of the tenders was carrying on operations of transportation of milk from bulk milk coolers to the 4 central main dairy by using non-designated vehicles and requested the Police to investigate into the matter. On the basis of the said complaint, a crime comes to be registered on 28-05-2021 in Crime No.161 of 2021. After registration of the crime, the police conduct a spot mahazar and inspected various vehicles including that of the petitioner. Before the investigation revealed that the vehicle used by P.Raju contained a hidden chamber and since the vehicle had a hidden chamber within it, it was urged that it was used for dilution of milk that was carried from village bulk milk coolers, while it was being transported to the central milk dairy. The mahazar did not divulge any vehicle belonging to the petitioner being found having a secret chamber or any incriminating activity. On 12.06.2021, on the ground that the Police had registered a crime in which the petitioner was arrayed as accused No.4, the contract of the petitioner was terminated on 12-06-2021 and the termination resulted in blacklisting of the petitioner. Challenging the termination of the contract and blacklisting, the petitioner approaches this Court in Writ Petition No.16942 of 2021. This Court stayed the order of cancellation of contract and blacklisting by its interim order dated 17-09-2021. Pursuant to the objections being 5 filed in the said writ petition, this Court directed the Union as well as the Investigating Officer to verify whether there were any AB Tankers/secret hidden chambers in the milk vehicles of the petitioner as had been alleged. It appears that pursuant to the order passed in Writ Petition No.16942 of 2021, the investigation was conducted and a report was submitted to the effect that the vehicles of the petitioner did not have any secret chamber. Based upon the said investigation conducted by the CID, which held that there was no secret chamber in the vehicles owned by the petitioner, the petitioner files the subject criminal petition seeking quashment of crime in Crime No.161 of 2021, insofar as it concerns accused No.6 i.e., the petitioner.
4. The learned counsel appearing for the petitioner would contend that the very registration of crime against the petitioner along with others, is erroneous and it reveals that the Crime Investigation Department conducts investigation and comes to the conclusion that there was no secret chamber in the vehicles of the petitioner and therefore, there was no adulteration having been committed by the petitioner. Permitting further proceedings, the 6 learned counsel would contend, would be contrary to the investigation conducted and placed before this Court in the aforesaid writ petition.
5. On other hand, the learned counsel representing the 2nd respondent/Union and the learned High Court Government Pleader in unison would contend that adulteration of milk has become a big menace in all the contracts that were awarded to the petitioner along with others. It has come in public domain that lorries were seized and all of them had contained a secret chamber in which water was being stored allowing it percolate into the milk that was in the chamber, when the vehicle was in the running condition and, therefore resulted in adulteration of milk. This modus operandi came to light when investigation was conducted pursuant to a complaint made by the Union and would therefore, submit that it is for the petitioner to come out clean as the matter is still at the stage of investigation. The learned High Court Government Pleader would add that the investigation is almost complete and the charge sheet would be filed any time soon before the concerned Court and would seek dismissal of the petition.
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6. I have given my anxious consideration to the submissions made by the respective learned counsel and perused the material on record.
7. The afore-narrated facts are not in dispute and are, therefore, not reiterated. The allegations against the petitioner in Crime No.161 of 2021 are for offences punishable under Sections 272, 406 and 420 of the IPC and Sections 7(1) and 16 of the Act. Section 272 of the IPC deals with adulteration of food and drink intended for sale and directs, whoever adulterates any article of food or drink so as to make such article noxious as food or drink, intending to sell, such person who is alleged to have committed such offence is liable to be imprisoned.
8. In Writ Petition No.16942 of 2021, the complainant/2nd respondent files an affidavit. The affidavit discloses that the vehicles dedicated by the petitioner in terms of the contract were different and the petitioner was operating in two unauthorised vehicles bearing Nos.KA-51-C-0379 and KA-41-A-7224. The petitioner had five vehicles which were being used for the said 8 transportation. During the investigation, it was found that on 03-12-2021, one of the parked vehicles bearing No.KA-41-A-7724, which belonged to the petitioner and unauthorisedly being used to transport such milk was seized and taken into custody by the Crime Investigation Department. Investigation is yet to conclude. The offence so alleged against the petitioner, be it under the Act or under the IPC, is yet to be determined by drawing up of a final report/charge sheet against the petitioner.
9. The contention of the petitioner that the sample of the milk which is allegedly adulterated by dilution of adding water is not even taken by the investigating agency and is not sent to the Forensic Science Laboratory or any other testing laboratory to test the density or quality of milk, at this juncture would not arise as the matter is still under investigation. The documents collected during the investigation would necessarily become a part of the charge sheet and therefore, interference at this juncture is not warranted particularly in the teeth of the offences alleged being the one which would touch upon every citizen, whoever consumes with age being no bar. Such adulteration would result in the nutritive value of the 9 milk being taken away by the greed of the petitioner. Not stopping at that, it is also alleged that the petitioner and the like are adding a chemical by name Maltodextrin to the milk. Therefore, in the teeth of these facts, pending investigation there is no warrant for any interference at the hands of this Court at this juncture. It would be always open to the petitioner to approach the appropriate forum once the final report is filed by the Police.
10. Finding no merit, the Criminal Petition stands dismissed.
Sd/-
JUDGE nvj CT:MJ