Karnataka High Court
Mandya District Rice Mill Owners ... vs The Additional Chief Secretary on 8 December, 2023
Author: Hemant Chandangoudar
Bench: Hemant Chandangoudar
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NC: 2023:KHC:45166
WP No. 2919 of 2022
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 8TH DAY OF DECEMBER, 2023
BEFORE
THE HON'BLE MR JUSTICE HEMANT CHANDANGOUDAR
WRIT PETITION NO. 2919 OF 2022 (GM-RES)
BETWEEN:
1. MANDYA DISTRICT RICE MILL
OWNERS ASSOCIATION (REGD)
1ST CROSS, MUNICIPAL COMPLEX
BANDI GOWDA LAYOUT
MANDYA-571401
REPRESENTED BY ITS SECRETARY
SRI C MAHESH, S/O LATE CHANNEGOWDA
AGED ABOUT 54 YEARS.
2. M/S KALE GOWDA RICE MILL
KALLAHALLI, M C ROAD
MANDYA-571 401
REPRESENTED BY ITS PROPRIETOR
SRI K GURUSWAMY
S/O LATE KALEGOWDA
AGED ABOUT 63 YEARS.
3. SREE BYRAVESHWARA RICE MILL
HULIVANA, MANDYA-571446
Digitally signed by B
K REPRESENTED BY ITS PROPRIETOR
MAHENDRAKUMAR SRI MANCHE GOWDA
Location: HIGH
COURT OF S/O LATE BORE GOWDA
KARNATAKA AGED ABOUT 65 YEARS.
4. SREE JAI MARUTHI RICE MILL
GORAVALE, MANDYA TALUK AND DISTRICT
REPRESENTED BY ITS SRI RAKSHITH K S
S/O K M SUBBANNA
AGED ABOUT 30 YEARS.
...PETITIONERS
(BY SRI. B R SATENAHALLI.,ADVOCATE)
AND:
1. THE ADDITIONAL CHIEF SECRETARY
DEPARTMENT OF FOOD CIVIL SUPPLIES
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NC: 2023:KHC:45166
WP No. 2919 of 2022
AND CONSUMER AFFAIRS
VIKASA SOUDHA
DR B R AMBEDKAR VEEDHI
BENGALURU - 560 001.
2. THE FOOD COMMISSIONER
OFFICE OF THE COMMISSIONER FOOD CIVIL SUPPLIES
AND CONSUMER AFFAIRS DEPARTMENT CUNNINGHAM
ROAD, KAVERAPPA LAYOUT
VASANTH NAGAR, BENGALURU - 560 051.
3. THE DEPUTY COMMISSIONER
PARK ROAD, 2 PES COLLEGE CAMPUS
NEAR DISTRICT COURT MANDYA- 571 401.
4. THE JOINT DIRECTOR
FOOD CIVIL SUPPLIES
AND CONSUMER AFFAIRS
MANDYA DISTRICT
MANDYA - 571 401.
5. THE DISTRICT SUPERINTENDENT OF POLICE
MANDYA DISTRICT
MANDYA - 571 401.
6. SRI K RAMESHWARAPPA
JOINT DIRECTOR VIGILANCE AND ENFORCEMENT WING,
OFFICE OF THE COMMISSIONER
FOOD CIVIL SUPPLIES AND CONSUMER AFFAIRS
CUNNINGHAM ROAD, KAVERAPPA LAYOUT
VASANTH NAGAR, BENGALURU-560 051.
7. SRI BASAVARAJU
FOOD INSPECTOR, FOOD CIVIL SUPPLIES
AND CONSUMER AFFAIRS DEPARTMENT
MANDYA DISTRICT, MANDYA-571 401.
...RESPONDENTS
(BY SRI K NAGESHWARAPPA, HCGP FOR R1 TO R5;
R6 AND R7 SERVED-UNREPRESENTED)
THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF THE
CONSTITUTION OF INDIA PRAYING TO QUASHING THE MAHAZARS
AND FIR, PERTAINING TO (i) 2ND PETITIONER DATED 20.01.2021 IN
CRIME NO.010/2022 AS ABBEXYRE-A (ii) 3RD PETITIONER DATED
25.12.2021 IN CRIME NO.0166/2021 AS ANNEXURE-E AND AND (iii)
4TH PETITIONER DATED 14.08.2021, IN CRIME NO.111/2021 AS
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NC: 2023:KHC:45166
WP No. 2919 of 2022
ANNEXURE-J FILED BY THE R7-FOOD INSPECTOR,AGAINST P2 TO P4
WITHOUT AUTHORITY OF LAW AND WITHOUT JURISDICTION VIDE
ANNEXURES-A, E AND J AND ETC.
THIS PETITION, COMING ON FOR ADMISSION, THIS DAY, THE
COURT MADE THE FOLLOWING:
ORDER
The registration of FIR lodged by the Food Inspector, Mandya City, Mandya, for the offences punishable under Sections 3, 6(A), 7 of the Essential Commodities Act, 1955, Sections 3, 4, 12, 18, 19 of the Karnataka Essential Commodities (Public Distribution System) Public Control Order, 2016, Sections 3(2)(i), 4,6,8 of the Karnataka Essential Commodities (Storage Accounts Maintaining Value Notification) Order, 1981 and Sections 120B, 406, 420 of IPC is impugned in this petition.
2. The complainant lodged the FIR alleging that the petitioners were transporting the rice meant for public distribution under Annabhagya Scheme unauthorizedly.
3. Heard the learned counsel for the petitioners and the learned High Court Government Pleader for the respondents.
4. The petitioners, who are the owners of the rice mill, purchased the rice, which was seized in the open market, which is evident from the invoice annexed to the petition. The coordinate Bench of this Court in the case of Chengalarayappa -4- NC: 2023:KHC:45166 WP No. 2919 of 2022 Kavali -vs- The Deputy Commissioner (LAWS(KAR)-2014-12-
42) has held at para-13 as follows:
"(13) To make the provisions of Clause 18 of the Control Order applicable, it has to be established that the purchase or sale, etc., of the food grains in any quantity was out of the commodities issued to the authorized dealer for distribution under the public distribution system, as stated in Clause 18(a) of the Control Order. Only under such circumstances, a person other than the authorized dealer would be held liable for dealing in such essential commodities."
Therefore, in the absence of any material that the rice seized from the petitioners was meant for public distribution under the Annabhagya Scheme, and also having regard to the fact that, the petitioners are the owners of the mill and procured the rice in the open market, which is evident from the invoice annexed to this petition, the continuation of investigation will be an abuse of the process of law. Accordingly, I pass the following:
ORDER
i) Writ petition is allowed.
ii) The impugned FIRs in Crime No.010/2022 registered by the Mandya West Police Station, at Annexure-A, Crime No.166/2021 registered Keragodu Police Station, at Annexure-E and Crime No.0111/2021 registered by the Shivalli Police Station, at Annexure-J are hereby quashed.
Sd/-
JUDGE BKM