Karnataka High Court
Sri Harshavardhana K vs The State Of Karnataka on 14 September, 2023
Author: Hemant Chandangoudar
Bench: Hemant Chandangoudar
-1-
NC: 2023:KHC:33380
CRL.P No. 1287 of 2023
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 14TH DAY OF SEPTEMBER, 2023
BEFORE
THE HON'BLE MR JUSTICE HEMANT CHANDANGOUDAR
CRIMINAL PETITION NO. 1287 OF 2023
BETWEEN:
1. SRI HARSHAVARDHANA K
S/O KRISHNA MURTHY
AGED ABOUT 21 YEARS
DRIVER OF LORRY NO KA52B1847
LAKSHMIDEVI NAGAR, KUDUR TOWN
KUDUR HOBLI, MAGADI 577 548
RAMANAGAR, KARNATAKA.
2. SRI. SHRENIVASA
S/O RAJU, AGED ABOUT 35 YEARS
DRIVER OF KA52B2779
BHAGINAGERE THIPPASANDRA HOB
MADGADI TALUK-562131
RAMANAGARA, KARNATAKA.
3. SRI SATISH K S
S/O LATE SHRERAMAIAH
AGED ABOUT 47 YEARS
TUMKURU ROAD, KUDUR TOWN
Digitally signed by B
K
KUDRU HOBLI, MAGADI TQ
MAHENDRAKUMAR RAMANAGARA, KARNATAKA.
Location: HIGH
COURT OF
KARNATAKA
4. SRI. NAVEEN S
S/O SREENIVAS
AGED ABOUT 35 YARS
MANAGER, NO 175/2, 1ST FLOOR
KPTCL STREET, HMS LAYOUT
AREHALLI, UTTRAHALLI
SUBRAMANYAPURA
BANGALORE CITY 560 078.
...PETITIONERS
(BY SRI. S P KULKARNI, ADVOCATE FOR
SRI. VASANTHAKUMAR K M, ADVOCATE)
-2-
NC: 2023:KHC:33380
CRL.P No. 1287 of 2023
AND:
1. THE STATE OF KARNATAKA
REP BY ITS KUDUR POLICE STATION
MAGADI SUB DIVN, RAMAGNARA DISTRICT
NOW REPRESENTED BY STATE PP
HIGH COURT OF KARNATAKA BUILDING
BENGALURU 560001
2. SRI S ANIL KUMAR
S/O LATE SONNAPPA
AGED ABOUT 32 YEARS
POWER T V, NO.487, KYALASANAHALLI
DODDAGUBBI MAIN ROAD
BENGALURU-560 007, RAMANAGARA
KARNATAKA.
...RESPONDENTS
(BY SRI. M R PATIL, HCGP FOR R-1;
R-2 SERVED BUT UNREPRESENTED)
THIS CRIMINAL PETITION IS FILED UNDER SECTION 482 OF
THE CODE OF CRIMINAL PROCEDURE, 1973 PRAYING TO QUASH THE
ENTIRE PROCEEDINGS IN C.C.NO.7119/2022 ON THE FILE OF THE
ADDITIONAL CIVIL JUDGE AND JMFC, MAGADI RAMANAGARA
ALLEGING VIOLIATION OF SEC.3 AND 7 OF THE ESSENTIAL
COMMODITIES ACT 1955 BEING ARBITRARY ERRONEOUS APART
FROM BEING ABUSE OF PROCESS OF COURT AND OPPOSED TO LAW,
EQUITY AND JUSTICE, IN SO FAR AS THE PETITIONER ARE
CONCERNED.
THIS PETITION, COMING ON FOR ADMISSION, THIS DAY, THE
COURT MADE THE FOLLOWING:
ORDER
The petitioners-accused are charge sheeted alleging that they by conniving with accused No.4 unauthorizedly stacked the essential commodities meant for distribution to the BPL card holders from the godown of the Government and transported the same in two lorries to sell them in the black market.
-3-NC: 2023:KHC:33380 CRL.P No. 1287 of 2023
2. Mr. S.P. Kulkarni, learned senior counsel for the petitioners counsel submits that, in the absence of any material that the essential commodities alleged to have been seized from the Trucks belonging to the accused were meant for distribution to the BPL Card holders and also the said essential commodities belongs to the Government, the continuation of the criminal proceedings will be an abuse of process of law.
3. He further submits that the essential commodities alleged to have been seized by the complainant is not by the Police Officer in-charge of the Police Station / or any authored public servant who is alone empowered to conduct search and seizure of the essential commodities under the provisions of the Karnataka Essential Commodities Act.
4. On the other hand, the learned High Court Government Pleader for the respondent - State submits that, the charge sheet material discloses that the petitioners unauthorizedly stacked the essential commodities meant for distribution to the BPL Card holder and transported to sell the same in an open market have committing the aforesaid offences, and the learned Magistrate has rightly taken cognizance.
5. Considered the submission made by the learned counsel for the parties.
-4-NC: 2023:KHC:33380 CRL.P No. 1287 of 2023
6. The complainant lodged the FIR on 21.7.2022 stating that on receiving several complaints that the food grains meant for distribution to the BPL Card holders were transported illegally, his media house followed the subject lorries, and on interception of the lorries, and on questioning the lorry drivers and also the owner of the Boloro Car which was following the Truck, they have stated that the Ragi which was stacked in the Gowdown belonging to the Government with the help of Naveen were transported unauthorizedly to sell them in an open market.
7. Admittedly, the Police Officer in-charge of the Police Station or any authorised Public Servant is the competent authority to seize the Ragi meant for distribution to the BPL Card holder, and the complainant who is not the competent authority is alleged to have seized the lorry as well as the ragi which were allegedly transported unauthorizedly. Hence, the seizure of the lorry as well as the ragi allegedly meant for distribution to the BPL card holder is one without authority of law.
8. The charge sheet does not contain any material that the ragi which was seized from the petitioners herein were meant for distribution to the BPL Card holders. The petitioners have also produced the invoices for having purchased the ragi which was seized from the lorries belonging to the accused from the SLV Commercials, APMC Yard Bangarpete, Kolar District.
-5-NC: 2023:KHC:33380 CRL.P No. 1287 of 2023
9. Hence, the search and seizure of the ragi which was allegedly meant for distribution to the BPL card holders by an incompetent person culminating in taking cognizance of the aforesaid offences stand vitiated. Therefore, the continuation of the criminal proceedings will be an abuse of process of law.
10. Accordingly I pass the following:
ORDER
i) The criminal petition is allowed.
ii) The impugned proceedings in C.C.No.7119/2022 on the file of the Additional Civil Judge, JMFC, Magadi, Ramanagara stands quashed.
It is needless to state that liberty is reserved with the petitioners to file an application for release of the ragi seized and if such an application is filed, the learned Magistrate to consider the same and pass an appropriate order in accordance with law.
Sd/-
JUDGE HR