Karnataka High Court
Jagadish S/O Siddalingayya Hiremath vs The State Of Karnataka on 9 August, 2023
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NC: 2023:KHC-K:6301
CRL.P No. 200953 of 2022
IN THE HIGH COURT OF KARNATAKA
KALABURAGI BENCH
DATED THIS THE 9TH DAY OF AUGUST, 2023
BEFORE
THE HON'BLE MR. JUSTICE VENKATESH NAIK T
CRIMINAL PETITION NO.200953/2022
BETWEEN:
JAGADISH
S/O SIDDALINGAYYA HIREMATH
AGE: 33 YEARS, OCC: MANAGER IN GOKUL
PAN MASALA
R/O. HANJAGI, TQ. INDI,
DIST. VIJAYAPURA 586211
...PETITIONER
(BY SRI BABU H. METAGUDDA, ADVOCATE)
AND:
Digitally signed
by SHILPA R
TENIHALLI
THE STATE OF KARNATAKA
Location: HIGH
COURT OF R/BY ADDL. SPP
KARNATAKA HIGH COURT OF KARNATAKA
KALABURAGI BENCH,
KALABURAGI- 585107
(THROUGH INDI RURAL POLICE STATION,
INDI, TQ. INDI,
DIST. VIJAYAPURA)
...RESPONDENT
(BY SRI GURURAJ V. HASILKAR, HCGP)
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NC: 2023:KHC-K:6301
CRL.P No. 200953 of 2022
THIS CRIMINAL PETITION IS FILED UNDER SECTION
482 OF CR.P.C., PRAYING TO CALL FOR THE RECORDS
AND QUASH THE ENTIRE PROCEEDINGS IN CRIME
NO.162/2021 REGISTERED BY THE INDI RURAL POLICE
STATION, AT INDI, FOR THE OFFENCES PUNISHABLE
UNDER SECTIONS 272, 273, 420 OF IPC AND 20(2), 24
OF COTPA ACT, 2015 PENDING ON THE FILE OF THE
COURT OF THE ADDITIONAL CIVIL JUDGE AND JMFC INDI
AT INDI.
THIS PETITION, COMING ON FOR ADMISSION, THIS
DAY, THE COURT MADE THE FOLLOWING:
ORDER
1. Heard learned counsel for petitioner and learned High Court Government Pleader for respondent-State.
2. The petitioner has filed this petition under Section 482 of Cr.P.C., praying to quash the proceedings in Crime No.162/2021 of Indi Rural Police Station for the offences punishable under Sections 272, 273, 420 of IPC and Sections 20(2) and 24 Cigarettes and Other Tobacco Products Act of Act, 2015 (for short 'COTPA Act'), pending on the file of the Additional Civil Judge and JMFC, Indi, District Vijayapura.
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3. The brief facts of the prosecution case are as under:
On 22.08.2021 at about 3:00 a.m., a credible information was received by the CPI, Indi Rural Circle, that behind Mayur Dhaba situated at Hirerugi Village, Indi Taluk, some persons were involved in manufacturing Pan Masala and other Tobacco products. Therefore, he took permission from the higher authorities, secured panchas and conducted raid and seized item No.1 to 8, drawn seizure panchanama and lodged complaint. Based on the complaint, the aforesaid case has been registered against one Smt. Sunanda - owner of company [accused No.2] and present petitioner [accused No.1].
4. It is contended by petitioner that the respondent - Police have filed false case against him, as accused No.2 - Smt. Sunanda has obtained permission from the concerned Department for manufacturing repack of pan masala products in the name and style of 'Gokul Pan Masala Products' and accused No.2 is holding license -4- NC: 2023:KHC-K:6301 CRL.P No. 200953 of 2022 for manufacturing pan masala products. However, the respondent - Police without perusing license and permission, registered a false case. The respondent - Police has no locus standi to register a case against the petitioner and others.
5. Learned High Court Government Pleader contended that there is prima facie material against petitioner that he had involved in the offence punishable under Sections 272, 273 and 420 of IPC and Sections 20(2) and 24 of COTPA Act.
6. On perusal of the material available on records, it appears that accused No.2 being owner of the 'Gokul Pan Masala Products' has obtained license for manufacturing of Pan Masala Products. The Investigating Officer has seized 08 Tobacco items i.e., (1) one machine to affix seal to the Tobacco packets, (2) 12 Gunny bags containing 32 Kgs. of Tobacco, in all 384 kgs., worth of Rs.19,200/-, (3) 2 Gunny bags containing Tobacco 25 Kgs., each, (4) one gunny bag containing 16 Kgs., of -5- NC: 2023:KHC-K:6301 CRL.P No. 200953 of 2022 Tobacco, (5) A Plastic cover containing 30 Tobacco pouchs, wherein the name of 'Gokul Pan Masala' is appearing, (6) Aluminum Can containing chemicals, (7) Two Plastic Bundles for preparation of Tobacco packets and (8) A small machine for printing seal on the packets. It appears that petitioner and accused No.1 are indulging in preparation of Tobacco Products without permission of competent authority and it shows that they are causing loss to the State Exchequer.
7. The learned counsel for petitioner vehemently submitted that Sections 272, 273 are punishable upto 6 [six] months only and Sections 20(1) and 24 of COTPA Act, 2015 are punishable with imprisonment upto 1 [one] year and a fine of Rs.200/- only. The Investigating Officer has incorporated Section 420 of IPC in order to make the offence cognizable though there is no merits in the case and the counsel submits that the preparation of Tobacco products will not amount to any offence and it is permissible.
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NC: 2023:KHC-K:6301 CRL.P No. 200953 of 2022
8. At this stage, on perusal of the material available on record, prima facie it appears that accused Nos.1 and 2 are involved in the aforesaid offence. The disputed question of fact which is connected but adjudicated upon by the High Court under Section 482 of Cr.P.C. Further, the Court exercising power under Section 482 of CR.P.C., should not be interfered if the case involves disputed question of fact, as the Court would not become a fact finding authority at the stage of crime or after filing charge-sheet. The similar ratio is laid down in the case of M/S Neeharika, Infrastructure vs The State Of Maharashtra reported in AIR 2021 SC 1918.
9. Therefore, in view of ratio laid down in the decision cited supra and facts and circumstances of the case, no grounds are made out so as to quash the proceedings in Crime No.162/2021 (CC No.7138/2022). Accordingly, petition is dismissed. -7-
NC: 2023:KHC-K:6301 CRL.P No. 200953 of 2022
10. In view of dismissal of main matter, the prayer sought in IA No.1/2022 does not survive for consideration and hence, IA No.1/2022 stands disposed of.
Sd/-
JUDGE SBS List No.: 1 Sl No.: 24