2021 Supreme(Telangana) 289

IN THE HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD
K. LAKSHMAN, J.
Navothu Srinivas – Appellant
Versus
The State of Telangana and Ors. – Respondents
Criminal Petition Nos. 6666 and 7205 of 2020, 710, 820, 900, 1023, 1110, 1124, 2264, 2298, 2362, 2967, 2984, 3054, 3060 of 2021
Decided on : 05-07-2021

Headnote:

Indian Penal Code, 1860 - Sections 406, 409 and 420 - Criminal Procedure Code,1973 - Section 482 - Essential Commodities Act,1955 - Sections 6(A), 7 and 7(A) – Offence of Cheating - Criminal breach trust – Charged - Petitioners/accused are purchase, stocking, selling and illegal transportation of PDS rice - As per charge sheets in all above said Criminal Petitions, allegations leveled against all the accused therein are that they have purchased and transported the PDS rice illegally - Some of them have kept said PDS rice in go downs - There is also specific allegation that they have purchased PDS rice by paying higher amount per kg, to cardholders - In some cases, accused have purchased PDS rice from card holders up to Rs.14/- per kg.n and Rs.16/- per kg., etc - Quantity of PDS rice purchased is also specifically mentioned - Vehicles numbers, drivers names involved in said cases are also specifically mentioned in charge sheets - Investigating Officers have also conducted confession-cum-seizure panchanamas in presence of panch witnesses and also seized and sealed said stock and same was handed over to go downs in charges for safe custody - Thus, all accused have committed purchase, sale and illegal transportation of PDS rice which was purchased from card holders and some of them have kept stock in go downs - Whether case would end in conviction or acquittal – Held, At that stage, only question relevant was whether averments in complaint spell out ingredients of a criminal offence or not - Court has to consider whether complaint discloses that prima facie, offences that were alleged against Respondents - Correctness or otherwise of said allegations had to be decided only in trial - At initial stage of issuance of process, it was not open to Courts to stifle proceedings by entering into merits of contentions made on behalf of Accused - Criminal complaints could not be quashed only on ground that, allegations made therein appear to be of a civil nature - If ingredients of offence alleged against Accused were prima facie made out in complaint, criminal proceeding shall not be interdicted - Prima-facie, there are specific allegations of purchase, sale, stocking and illegal transportation of PDS rice against accused and according to accused they have not violated any provision/rule/clause of E.C. Act or Control Order, 2016 etc - Contentions of petitioners/accused that authorities have not followed principles laid down under law while conducting search and seizure of the stocks - Thus, same are triable issues - Petitioners have to face trial and prove their innocence - Criminal Petitions are dismissed.