The central legal point established is that mere transportation of PDS rice is not sufficient to attract penal provisions, and there should be materials to show the purchase of scheduled commodities from ration card holders.

JUDGMENT

(Prayer: Criminal Original Petition filed under Section 482 of the Code of Criminal Procedure, praying this Court to call for the records pertaining to the proceedings in C.C.No.9 of 2018 on the file of the learned Judicial Magistrate No.III, Madurai and quash the same.)

1. This Criminal Original Petition has been filed to quash the proceedings in C.C.No.9 of 2018 on the file of the learned Judicial Magistrate No.III, Madurai

2. According to the petitioner, the respondent police registered a case in Crime No.203 of 2017 for the offences under Sections 6(2),6(3), 6(4) of TNSC(RDCS) Order,1982 and Section 7(1)(a)(ii) of Essential Commodities Act,1955. After completing investigation filed final report and the same was taken on file in C.C.No.9 of 2018 by the learned Judicial Magistrate No.III, Madurai. As per the First Information Report and charge sheet no offences are made out as against the petitioner and there are no materials available to show that the rice seized by the respondent police was purchased from the ration card holders. Since the petitioner is the owner of the vehicle she was given duty to transport rice from one godown to another godown. The trial Court ought not to have taken cognizance on the final report filed by the respondent. Further during the course of transportation the petitioner transported rice bags and other materials. Without any prima facie materials the respondent police registered a case. The petitioner was authorised to transport rice bags for the purpose of producing it before the fair price shop . The second respondent cannot seize the same presuming that the petitioner parked the vehicle with an intention to sell the commodities in open market. As per clause 6(4) of TNSC(RDCS) order 1982 no person shall purchase any scheduled commodities obtained on a family card. The petitioner has not purchased any rice from the family card holders, therefore the charge sheet is liable to be quashed.

3. No counter was filed by the respondents

4. The learned counsel for the petitioner contended that the respondent police registered a case in Crime No.203 of 2017 for the offences under Sections 6(2),6(3),6(4) of TNSC(RDCS) Order,1982 and Section 7(1)(a)(ii) of Essential Commodities Act,1955. Infact the petitioner is the authorised person to transport rice bags from one godown to another godown and from one fair price shop to another fair price shop. While so the provisions under Sections 6(2),6(3),6(4) of TNSC(RDCS) Order,1982 and Section 7(1)(a)(ii) of Essential Commodities Act,1955 would not attract as against the petitioner according to the First Information Report and the charge sheet. Therefore the charge against the petitioner in C.C. No.9 of 2018 on the file of the learned Judicial Magistrate No.III, Madurai is liable to be quashed.

5. The learned Additional Public Prosecutor would contend that the petitioner illegally transported PDS rice and while the lorry was with the material in the godown of the petitioner she was caught red handed and thereby First Information Report has been registered. After finding prima facie materials filed final report as against the accused C.C.No.9 of 2018, therefore the petition is liable to be dismissed.

6. Heard both sides and perused the materials available on record.

7. On perusal of the record, it is observed that First Information Report has been registered in Crime No.203 of 2017 for the offences under Sections 6(2),6(3),6(4) of TNSC(RDCS) Order,1982 and Section 7(1)(a)(ii) of Essential Commodities Act,1955 and after investigation the police have filed final report and the same was taken on file by the learned Judicial Magistrate No.III, Madurai under Sections 6(2),6(3), 6(4) of TNSC(RDCS) Order,1982 and Section 7(1)(a)(ii) of Essential Commodities Act,1955.

8. Sections 6(2),6(3),6(4) of TNSC(RDCS) Order,1982 reads as follows:

“6. Supply of Scheduled Commodities –

(1) No person shall obtain in any scheduled commodities on a fami