Karnataka High Court
Narendra vs The State Of Karnataka on 24 July, 2023
Author: Hemant Chandangoudar
Bench: Hemant Chandangoudar
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NC: 2023:KHC-K:5725
CRL.P No. 201063 of 2023
IN THE HIGH COURT OF KARNATAKA, KALABURAGI BENCH
DATED THIS THE 24TH DAY OF JULY, 2023
BEFORE
THE HON'BLE MR. JUSTICE HEMANT CHANDANGOUDAR
CRIMINAL PETITION NO. 201063 OF 2023 (482-)
BETWEEN:
1. NARENDRA, S/O PINNYA RATHOD,
AGE 54 YEARS, OCCUAPTION, BUSINESS, RESIDENT
OF LAXMI TIMMAPPA RICE MILL, CHANDARKI ROAD,
GURUMITKAL TALUK GURUMITKAL, DISTRICT
YADGIRI 585214
...PETITIONER
(BY SRI. B C JAKA,ADVOCATE)
AND:
1. THE STATE OF KARNATAKA
THROUGH YADGIRI TOWN POLICE STATION
DISTRICT YADGIRI 585201, NOW REPRESENTED BY
ADDL. SPP HIGH COURT OF KARNATAKA,
KALABURAGI BENCH 585107
Digitally signed by ...RESPONDENT
KHAJAAMEEN L
MALAGHAN
Location: HIGH COURT
(BY SRI SHARANABASAPPA M PATIL, HCGP)
OF KARNATAKA
THIS CRL.P FILED U/S.482 OF CR.P.C. BY THE ADVOCATE FOR
THE PETITIONER PRAYING THAT THIS HONOURABLE COURT MAY BE
PLEASED TO ALLOW THIS PETITION AND BE PLEASED TO QUASH
THE PROCEEDINGS IN C.C.NO. 564/2021, PENDING ON THE FILE OF
SENIOR CIVIL JUDGE AND CJM AT YADGIRI, WHICH WAS
REGISTERED ARISING OUT OF IN CRIME NO. 93/2019 AND FILED
CHARGE SHEET U/SEC. 3 AND 7 OF THE ESSENTIAL COMMODITIES
ACT 1955, AND SEC. 2,3,4, 12, 16, 18, 19,20 OF KARNATAKA
ESSENTIAL COMMODITIES CONTROL ORDER 2016 AND ALSO SEC. 3,
4,5,6, 8, 9,10,11 OF THE KARNATAKA ESSENTIAL COMMODITIES
(MAINTENANCE OF ACCOUNTS, DISPLAY OF PRICES AND STOCKS)
ORDER 1981, AND THE PREVENTION OF BLACK MARKETING AND
MAINTENANCE ESSENTIAL COMMODITIES ACT 1981, AND SEC. 465
OF IPC, TO SECURE THE ENDS OF JUSTICE AND TO PREVENT ABUSE
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NC: 2023:KHC-K:5725
CRL.P No. 201063 of 2023
OF PROCESS OF THE COURT ANDPASS SUCH OTHER ORDER OR
ORDERS, WHICH THIS HONOURABLE COURT MAY BE PLEASED TO
PASS, IN THE CIRCUMSTANCES OF THE CASE, IN THE INTEREST OF
JUSTICE.
THIS PETITION, COMING ON FOR ADMISSION, THIS DAY, THE
COURT MADE THE FOLLOWING:
ORDER
The petitioner - accused No.2, who is sought to be prosecuted for the offences punishable under Sections 3 and 7 of the Essential Commodities Act, 1955, Sections 2, 3, 4, 12, 16, 18, 19, 20 of Karnataka Essential Commodities Order, 2016 and also Sections 3, 4, 5, 6, 8, 9, 10 and 11 of Karnataka Essential Commodities (Maintenance of Accounts, Display of Prices and Stocks) Order, 1981, and the Prevention of Black Marketing and Maintenance Essential Commodities act, 1981 and Section 46 of IPC, has filed this petition.
2. The learned counsel for the petitioner - accused No.2 submits that, the accused No.2 herein has been implicated solely on the basis of confession statement of the accused No.3, who is alleged to have stated that, the rice meant for distribution under Public Distribution System was supplied by the petitioner - accused No.2 herein. Hence, he submits that, in the absence of any material to show that, the food grains seized were meant for distribution under Public Distribution System, the continuation of criminal proceedings against the petitioners - accused herein, will be an abuse of process of law.
3. The learned High Court Government Pleader for the respondent - State submits that, the petitioners - accused were -3- NC: 2023:KHC-K:5725 CRL.P No. 201063 of 2023 involved in transportation of the food grains meant for distribution under Public Distribution System unauthorizedly. Hence, the cognizance taken by the learned Magistrate, does not warrant any interference.
4. Considered the submissions, made by the learned counsel for the parties.
5. In the instant case, the charge-sheet material does not contain any corroborative material that, the petitioner - accused No.2 herein was involved in transportation of food grains meant for distribution under Public Distribution System unauthorizedly. In the absence of any corroborative material, the cognizance taken by the learned Magistrate only on the basis of the statement of the co-accused, is impermissible.
6. The impugned proceeding as against the accused No.1 was quashed by this Court in 200791/2023 and connected matters (DD 5.7.2023) by following the observations made in the coordinate Bench of this Court in W.P.No.36438-439/2014 and W.P.No.36542/2014 (GM-EC) disposed of on 03.12.2014, at Para No.14, has held as under:-
"14. In the instant case, petitioners are not authorized dealers. They are not shown to be engaged in purchase, storage or sale of food grains which were issued to the authorized dealer for distribution under the public distribution system. Therefore, essential ingredient explicitly stated under Clause 18 (a) i.e., the goods / commodities must have been issued to the authorized dealer under the public distribution system is missing. No finding is recorded by the 1st respondent in this regard. In -4- NC: 2023:KHC-K:5725 CRL.P No. 201063 of 2023 fact, there is no material whatsoever to indicate this aspect. Therefore, as rightly contended by the learned counsel for the petitioners, unless there is material to show that the commodities were issued to an authorized dealer for distribution under the public distribution system or that a person other than the authorized dealer had sought to purchase or sell or store or offer for sale food grains meant for distribution under public distribution system through the price depots, prohibition contained under Clause 18 (a) of the Control Order would not be attracted. In the absence of such findings such action will not attract penal measure including seizure or forfeiture."
7. The prosecution has not placed any material that, the food grains seized from the possession of the co-accused was meant for distribution under the Public Distribution System. In the absence of any corroborative material that, the petitioner - accused No.2 was involved in transportation of the food grains unauthorizedly, except the statement of the co- accused, the continuation of the criminal proceedings against the petitioner - accused No.2 will be an abuse of process of law. Accordingly, I pass the following:
ORDER
i) Criminal petition is allowed.
ii) The impugned proceeding in CC No.564/2021 arising out of Crime No.93/2019 pending on the file of the learned Senior Civil Judge and CJM, Yadgiri, insofar as it relates to the petitioner - accused No.2 is hereby quashed.
Sd/-
JUDGE BKM List No.: 1 Sl No.: 64