Charges require conclusive evidence; inconclusive reports cannot sustain charges under the Essential Commodities Act.

ORAL ORDER

In this petition, petitioners seek the following reliefs; "a) Call for the records in C.C No.148/2023 pending before Itinerary Senior Civil Judge and JMFC Court, Molakalmuru, Chitradurga Dist.

b) Quash the entire proceedings in C.C No.148/2023 pending on the file of Itinerary Senior Civil Judge and JMFC Court, Molakalmuru, Chitradurga District, filed under Sec.3 and 7 of the Essential Commodities Act, 1955 r/w Sec. 420 of I.P.C, herein being totally arbitrary, erroneous without jurisdiction and amounting to abuse of process of Court, in the interest of justice and equity.

c) Grant such other and further reliefs as are just even including the costs of this petition in the interest of justice and equity."

2. Heard learned counsel for the petitioners and learned High Court Government Pleader for respondent No.1-State.

Respondent No.2 having been served has chosen to remain unrepresented and has not contested the proceedings.

3. A perusal of the material on record will indicate that on 30.01.2021, respondent No.2 filed complaint about the suspected unauthorized loading and transporting of rice belonging to the Public Distribution System Scheme (PDS) by the petitioners. It is relevant to state that petitioner No.1 is the driver of the subject vehicle, petitioner No.2 is the cleaner and petitioner No.3 is the owner of the lorry, which was intercepted by the respondents. In pursuance of the aforesaid complaint, FIR in Crime No.16/2021 was registered for the offences punishable under Sections 3 and 7 of the Essential Commodities Act, 1955 read with Section 420 of IPC and the subject vehicle was seized by the Police along with food grains. 4. On 12.07.2021, the FCI submitted analysis report, which is as under;

"Divisional Office: Saraff Complex, Sir M.Visveswaraiah Road, Shimoga-577201 File No.QC/6(1)//2020-21 Date 12.07.2021 To The Sub Inspector, Thalak Police station, Challakere Circle.

Chitradurga (Dist).

Sir.

Sub: Returning of rice sample referred to FCI, DO, Lab-Reg.

With reference to your Lr.No.SDPO:CLK:

FSL:90/21 Dt:-04.7.2021 and CR.No.16, where in it was requested to analyze the samples for establishing if the said sample is of PDS rice. It is to clarify that FCI analyses samples with reference to certain quality parameters with reference to PFA/FSSAI standards. The Parameters/Specification given by Govt. of India for procurement of food grains meant for PDS from time to time. The Uniform Specifications for the current Procurement season KMS(2019-20) your reference. It can be observed that the parameters are wide in range and do not have specific standards to identify/classify/categorize as desired in your case. Further, it is advised that the PDS stock only can be identified if the stenciling, flaps, colour coding of bags and double line machine stitching with the specific colour of threads are intact. Mere analysis of samples it is not possible to draw any such conclusion beyond doubt. Hence we can't ascertain that the seized bags belongs to Anna Bhagya Yojana or meant for PDS, as the similar variety of rice is also available in the market and also gunny bags can also be reused for packing of any commodities Therefore, it is requested to collect the refer samples.

Enclosed: As above.

Yours faithfully Sd/-

Manager

5. It is the grievance of the petitioner that the aforesaid report by the FCI is inconclusive and states to the effect that the rice meant for distribution under the PDS Scheme was not stored in the plastic bags, the respondents have proceeded to file the impugned charge sheet, which is impermissible and contrary to the judgments of Co-ordinate Bench of this Court in Sri Muruli .V an