Andhra Pradesh High Court - Amravati
Aitha Krishna vs The State Of Andhra Pradesh on 5 February, 2026
APHC010393632025
IN THE HIGH COURT OF ANDHRA PRADESH
AT AMARAVATI [3521]
(Special Original Jurisdiction)
THURSDAY,THE FIFTH DAY OF FEBRUARY
TWO THOUSAND AND TWENTY SIX
PRESENT
THE HONOURABLE DR JUSTICE Y. LAKSHMANA RAO
CRIMINAL PETITION NO: 8003/2025
Between:
1.AITHA KRISHNA, S/O RANGAIAH, AGED 62 YEARS R/O D.NO.11-14-
15/A/1, PLOT NO.102, VASAVI RAJAMANI MEDOS, ROAD NO.1,
HARIPURI COLONY, KOTHAPET, LB NAGAR, SAROOR NAGAR
MANDAL, RANGAREDDY DISTRICT TELANGANA STATE.
...PETITIONER/ACCUSED
AND
1.THE STATE OF ANDHRA PRADESH, REP. BY PUBLIC
PROSECUTOR HIGH COURT OF ANDHRA PRADESH, AT
AMARAVATI
2.THE DEPUTY TAHSILDAR CIVIL SUPPLIES, OFFICE OF TAHSILDAR
OF KOVVUR MANDAL, KOVVUR, WEST GODAVARI DISTRICT.
...RESPONDENT/COMPLAINANT(S):
Counsel for the Petitioner/accused:
1.MARELLA RADHA
Counsel for the Respondent/complainant(S):
1.PUBLIC PROSECUTOR
The Court made the following:
2
ORDER:
Criminal Petition has been filed under Section 528 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (for brevity 'the BNSS') seeking for quashment of proceedings in C.C.No.293/2024 on the file of the learned II Additional Junior Civil Judge-cum-II Additional Judicial First Class Magistrate, Kovvur.
2. Smt. Marella Radha, learned Counsel for the Petitioner, submits that the Collector (Civil Supplies), East Godavari District at Rajamahendravaram, exercising powers under Section 6(A) of the Essential Commodities Act, 1955 (hereinafter 'the E.C.Act.,'), vide order dated 29.06.2024, directed confiscation of 20% of the seized stock, valued at Rs.1,98,590/-, and imposition of a penalty of Rs.10,000/- upon the seized vehicle bearing No.AP29U6459, on the ground of transportation of rice sans requisite documentation.
3. Concededly, L.W.1, the Deputy Tahsildar, Kovvur, effected a surprise inspection on 22.01.2024 at approximately 8:00 p.m., intercepting the aforementioned lorry whilst Accused No.3 was transporting the alleged PDS rice. Upon confession by Accused No.3, a mediator's report was drawn up and forwarded under Section 6(A) of 'the E.C.Act.,' to the designated authorities, namely the Joint Collector and Collector (Civil Supplies). Parallelly, L.W.1 lodged a report with the Sub-Inspector of Police, Kovvur Town Police Station, precipitating registration of Cr.No.32/2024 under Sections 420 read with 34 of the Indian Penal Code, 1860 (hereinafter 'the I.P.C.,'), and Section 7(1) of 'the 3 E.C.Act'. After investigation, the chargesheet implicated the Petitioner (Accused No.1), alleging procurement of PDS rice earmarked for distribution to persons below the poverty line under governmental schemes, and its diversion to the black market for pecuniary gain. The learned Magistrate thereupon took cognizance.
4. The Petitioner, in response to the show-cause notice under Section 6(B) of 'the E.C.Act.,' averred that the rice was procured from Srinivas Manikanta Traders, Kothapeta, Hyderabad, destined for Srinivasa Poultry Farm, Dhaksaram, and was emphatically not PDS rice. Even the learned Collector (Civil Supplies) perused Invoice No.SSMT/23-24/198 dated 21.01.2024 and adjudged it genuine, recording no finding that the rice constituted PDS rice. In explanation, Accused No.1 clarified that the consignment comprised milled rice transported per the aforesaid invoice issued by Sri Srinivasa Manikanta Traders, Kothapeta, in favour of M/s Srinivasa Poultry Farm, Dhaksaram, for 22 quintals. Regrettably, the driver/Accused No.3 could not produce the bills during L.W.1's inspection.
5. Whether a consignment constitutes PDS rice defies determination by forensic or technical expertise, for the grains bear no indelible imprint denoting such provenance. PDS rice acquires its character only upon governmental procurement from millers or farmers, followed by allocation to MLS points for cascading distribution via fair price shops to eligible beneficiaries below the poverty line. Absent evidence of such intermeddling or diversion in transit, no 4 infraction of 'the E.C.Act.,' or Rules thereunder is imputable. Even upon reaching the intended ration card holder, 'the E.C.Act.,' stands inapplicable, as the beneficiary enjoys unfettered proprietary dominion over the allotted quota.
6. Indisputably, the Collector (Civil Supplies) levied the aforementioned confiscation and penalty qua Accused No.1 for alleged unauthorized vehicular transport. Yet, except the confession of Accused No.3, itself untainted by Section 25 of the Indian Evidence Act, 1872, as not extracted by a police officer, no scintilla of material evinces the whether the rice is PDS rice. No evidence was gathered by the Investigating Officer to establish any diversion of the rice from MLS points to fair price shops or to the ultimate beneficiaries.
7. A fortiori, a learned Single Judge of this Court, in Criminal Petition No.111 of 2023, disposed on 11.05.2023, countenanced an identical plea, quashing proceedings in analogous circumstances by relying on State of Haryana v. Bhajan Lal1, wherein the Hon'ble Supreme Court delineated the inexorable thresholds for quashing under Section 482 of 'the Cr.P.C.,'/Section 528 of 'the BNSS').
8. Considering the entire facts and circumstances of the case, the Criminal Petition is allowed, consequently, the proceedings on the file of C.C.No.293/2024 on the file of the learned II Additional Junior Civil Judge- cum-II Additional Judicial First Class Magistrate, Kovvur are quashed. 1 1992 Supp (1) SCC 335 5 As a sequel thereto, miscellaneous petitions pending, if any, shall stand closed.
_________________________ Dr. Y. LAKSHMANA RAO,J Date: 05.02.2026 VTS