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CRL.P No. 103795 of 2022

IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH

DATED THIS THE 28^TH DAY OF NOVEMBER, 2022

BEFORE

THE HON'BLE MR JUSTICE HEMANT CHANDANGOUDAR

CRIMINAL PETITION NO. 103795 OF 2022 (482-)

BETWEEN:

1.

GURURAJ HANUMANTAYYA SHETTY

AGE. MAJOR OCC. BUSINESS

R/O. POTNAL WARD NO.4, JANATA COLONY, TQ.

MANAVI-584123, DIST. RAICHUR

2.

RAJU MUTHUSAMY, AGE. MAJOR, OCC. DRIVER

R/O. NAMAKKAL 359, PILLAIYAR STREET, VARAGUR,

NAMAKKAL, NAMAKKAL-637001, TAMILNADU

3.

AYYAPPAN S/O GOAPAL

AGE. 31 YEARS, OCC. DRIVER

R/O. THEPPAKULAKADU POST, MULLUGURUCHI,

RASHIPURAM, NAMAKKAL, TAMILNADU-637001

4.

MANIKANDAN GOAPL

AGE. MALE, OCC. DRIVER

R/O. THEPPAKULAKADU POST

MULLUGURUCHI, RASHIPURAM

NAMAKKAL, TAMILNADU-637001

&PETITIONERS

(BY SRI. M L VANTI.,ADVOCATE)

AND:

1.

STATE OF KARNATAKA

BY PSI ILKAL RURAL POLICE STATION

R/BY STATE PUBLIC PROSECUTOR

HIGH COURT OF KARNATAKA

DHARWAD BENCH-580001

K M

SOMASHEKAR

Digitally signed by

K M SOMASHEKAR

Location: High

court of Karnataka,

Dharwad Bench,

Dharwad

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CRL.P No. 103795 of 2022

2.

CHIDANAND GIRIYAPPA

AGE. MAJOR, OCC. FOOD INSPECTOR

R/O. NIDAGUNDI, BHIMASHANKAR NAGAR

TQ. NIDAGUNDI, VIJAYAPUR

KARNATAKA-586103

&RESPONDENTS

(BY SRI V S KALASURMATH, HCGP FOR R1)

THIS CRIMINAL PETITION IS FILED U/S 482 OF CR.P.C.

SEEKING TO QUASH THE PROCEEDINGS AGAINST THE

PETITIONER/ACCUSED NO. 1 TO 4 REGISTERED IN CC NO.

716/2021 PENDING ON THE FILE OF SENIOR CIVIL JUDGE

AND

JMFC

COURT,

HUNGUND,

FOR

THE

OFFENCES

PUNISHABLE UNDER SECTION -7 AND SECTION 3 OF

ESSENTIAL COMMODITIES ACT 1955.

THIS PETITION COMING ON FOR ADMISSION THIS DAY,

THE COURT MADE THE FOLLOWING:

ORDER

During the course of the argument, it is brought to the

notice of the Court that subsequently, the charge sheet has

been filed and the same is numbered as C.C. No.373/2020. The

Police, submitted the charge sheet for the offences punishable

under Sections 3 and 7 of the Essential Commodities Act, 1955,

alleging that on receiving credible information that the accused

Nos.1 to 4 were transporting food grains meant for distribution

under the Public Distribution System (PDS) unauthorisedly. The

Police conducted the raid and thereafter seized the food

materials from the vehicle in which the accused Nos.1 to 4, who

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CRL.P No. 103795 of 2022

are registered as traders and transporters, were allegedly

transporting the food grains unauthorisedly. The learned

Magistrate after accepting the charge sheet took cognizance of

the aforesaid offences and issued summons. Taking exception

to the same, the petitioners-accused Nos.1 to 4 are before this

Court.

2.

Learned counsel appearing for the petitioners

submits that the petitioners-accused were transporting the food

grains on behalf of accused No.1 who is the registered dealer

under the valid permit issued by the Agricultural Produce

Market Committee concerned. In the absence of any exigency,

conducting of the raid and seizing food material before

registering the FIR is impermissible, in view of the decision of

the Hon9ble Supreme Court in the case of Lalita Kumari vs.

Government of Uttar Pradesh and others¹. He further

submits that the charge sheet material does not disclose that

the food grains which were transported by the petitioners-

accused herein were meant for distribution under the Public

Distribution System.

1 (2014) 2 SCC 1

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CRL.P No. 103795 of 2022

3.

On the other hand, the learned HCGP appearing for

the respondent-State submits that the petitioners having

transported the food grains meant for distribution under PDS

unauthorisedly have committed the aforesaid offences and the

cognizance taken by the learned Magistrate does not warrant

any interference.

4.

I have examined the submissions made by the

learned counsel for the parties.

5.

The charge sheet material does not disclose that

the food grains which were seized from the accused herein was

meant