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Judgment
ORAL ORDER
PER:HON'BLE MR. JUSTICE VENKATESH NAIK T
Heard learned counsel for the petitioners/accused No.1 and learned HCGP for the respondent-State.
The petitioner/accused No.1 has filed this petition under Section 528 of BNSS, 2023, seeking to quash the entire proceedings in C.C.No.1543/2020, pending on the file of the learned Additional Civil Judge and JMFC, Kushtagi, Koppal District, for the offences punishable under Sections under Sections 3 and 7 of the Karnataka Essential Commodities (Public Distribution System) Public Control Order, 1992 and Section 420 of IPC, 1860.
The brief factual prosecution case, in a nutshell, is as under:
On 15.05.2020 at 11:00 a.m., the Food Inspector attached to the Office of the Tahsildar, Kushtagi, lodged a complaint before the respondent-Police, alleging that on 14.05.2020 at 07:00 p.m., he a received credible information about illegal storage of rice, which was meant for distribution to the public at large under Government schemes. Hence, he secured the Deputy Director of Food and Civil Supplies Department, Project Director of Koppal Urban Development Authority, Tahsildar, Kushtagi, and other independent panchas and conducted a raid at Tavargera APMC, in the shop of one Veerabhadrappa Nalatawad, and seized 372.50 quintals of rice, in all 1,253 bags, worth Rs.9,68,500/-, and 4.50 quintals of wheat contained in 9 wheat bags, worth Rs.9,900/-. The de facto complainant seized the said food grains under a seizure panchanama and lodged the complaint before the PSI, Tavaragera, which led to registration of FIR and investigation.
After receipt of the charge sheet, the learned Magistrate took cognizance of the alleged offences. Taking exception to the same, the petitioner has filed this petition seeking to quash the entire proceedings. Hence, this petition.
Learned counsel for the petitioner contended that all the lis stands covered by the judgment rendered by the Co-ordinate Bench of this Court in the case of T.Thippeswamy son of Sanna Thippaiah and another Vs. State of Karnataka and another in Crl.P.No.5130/2023 disposed of on 29.08.2023, wherein the identical issues have been raised and have been answered in favour of the petitioners therein. The Coordinate Bench of this Court, has held at paragraph Nos.10 to 13, which are as follows:
10.The offense which has been alleged against the petitioners is for transporting rice allegedly meant for the Public Distribution System without valid license. For that particular purpose, it is required to prima facie establish that indeed the rice was belonging to the Public Distribution System and that the petitioners had no right over the same. It is but required that in respect of these prima facie evidence, the invoices and payment receipts, if any, produced by the petitioners/transporters would have to be verified by the Investigating Officer before filing a charge sheet.
11.In the present case, perusal of the charge sheet indicates that no such effort has been made and the invoices which are produced along with the present petition, which have been placed before the Investigating Officer have not been considered.
12.That apart, whether the rice belonged to the Public Distribution System or not could only be ascertained by necessary examination by the Forensic Science Laboratory and a report being submitted thereto. The Investigating Officer has not caused such an examination and has gone ahead with the sale of rice on the premise that the same is perishable goods which require immediate sale. Even if the goods are perishable, it is required for the Investigating Officer to send the said rice for necessary examination to the Forensic Science Laboratory and a report is to be obtained from the said authority.
13.In the present case, neither of the above have been done. Hence, I am of the considered opinion that there is no legs for the prosecution to stand on and prosecute the petitioners and prima facie there is nothing made out to establish the offense being committed by the petitioners. As such, there would be no purpose in prosecuting the petitioners on such frivolous grounds without any basis.
Learned High Court Government Pleader has not disputed the position of law as is observed in the case referred supra. Further learned High Court Government Pleader on instructions submitted that, the seizure panchanama was drawn and seized 372.50 quintals of rice and 4.50 quintals of wheat prior to the institution of the FIR. The submission of learned HCGP is placed on record.
In view of the issue in the lis standing answered by the judgment aforesaid quoted on all its force, the subject petition also deserves to be succeeded. For the aforesaid reason, I pass the following:
ORDER
The criminal petition is allowed.
The impugned proceedings in C.C.No.1543/2020, pending on the file of learned Additional Civil Judge and JMFC, Kushtagi, Koppal District, for the offence under Sections 3 and 7 of the Karnataka Essential Commodities (Public Distribution System) Public Control Order, 1992 and Section 420 of IPC, 1860, insofar as petitioner/accused No.1 is concerned, are hereby quashed.
Pending I.A’s, if any, stands disposed of as they do not survive for consideration.