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2005 Supreme(Kar) 569

MOHAN M.SHANTANAGOUDAR
V. A. ABDUL KHADER – Appellant
Versus
STATE BY SUB-INSPECTOR, VIRAJPET POLICE STATION, KODAGU – Respondent


Advocates appeared:
Sri B.H. Khaleel Khan, Advocate for Petitioners;
Sri G. Bhavani Singh, State Public Prosecutor for Respondent.

ORDER

Heard Sri Khaleel Khan, learned Counsel appearing for the petitioners and Sri G. Bhavani Singh, learned State Public Prosecutor appearing for the respondent and perused the material on record.

2. Petitioners, being accused in Crime No. 127 of 2005 of Virajpet Police Station, registered for the offences punishable under Sections 3(2)(£), 6-A and 7 of the Essential Commodities Act, 1955, have sought for quashing the proceedings.

3. Case of the prosecution, as could be seen from the complaint is that, petitioners 1 and 3 are the owners of the fair price shops i.e., Ration shops and are entrusted with the work of distribution of essential commodities to the public at large through Public Distribution System. Petitioner 2 is the owner and the driver of the lorry in which 30 bags of essential commodities belonging to Public Distribution System allotted to shops of petitioners -1 and 3 are being transported to Gonikoppa Village for the purpose of selling in the open market. In other words, petitioners 1 and 3 being the owners of the Fair Price Shops, were transporting 30 bags of essential commodities in the lorry of petitioner 2 for the purpose of selling the same in the open market






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