ORAL ORDER

(PER: THE HON'BLE MR. JUSTICE M.NAGAPRASANNA)

1. Learned counsel appearing for the petitioner would submit that the issue in the present petition stand covered by the judgment rendered by this Court on 16.02.2022 in Crl.P.No.101739 of 2021 and connected matters.

2. Learned AGA on verification of the said judgment and on instructions would submit that the issue indeed is covered by the judgment rendered by this Court. This Court in the aforesaid judgment held as follows:

“For the sake of convenience, facts in brief in Criminal Petition No. 101739 of 2021 are narrated. The petitioner in the said criminal petition is an independent trader dealing with stock and distribution of food grains and claims to be in possession of a license to carry out such trade. Claiming to be on credible information, the Police Sub-Inspector of Navanagar Police Station intercepted a Baloro vehicle on an alleged complaint that the vehicle was transporting rice bags and conducted a search on the vehicle. The complainant also accompanied the Police Sub-Inspector, who conducted search or raid on the permission allegedly granted by his superior Officer. The complainant and the Police staff-panchas go to the spot at about 5 p.m. and on seeing the Baloro vehicle, intercepted the same, conducted search and secured the information that the rice bags belonged to S.K. Traders and the same were being transported from the godown belonging to S.K. Traders to one Balaji Impex Traders. Sixty five bags each weighing 50 kgs were seized along with the vehicle on the ground that they were transporting rice illegally, which was meant for public distribution under the Public Distribution System (“PDS” for short). Based on the said incident, a FIR came to be registered against the petitioner. The petitioner is arrayed as Accused 3. The allegations against the petitioner are for offences punishable under Ss. 7 and 3 of the Essential Commodities Act, 1955 (“the Act” for short) read with Clauses 3(2) and (3) and 18 of the Karnataka Essential Commodities (Public Distribution System) Public Control Order 2016 (“the Order” for short). It is at that juncture, the petitioner has knocked the doors of this Court in this petition.

4. In Criminal Petition No. 101740 of 2021, the petitioner is also an independent trader dealing in stock and distribution of food grains. He claims to have all the necessary legal licences to do such business. Kittur Police claims to have had credible information that rice bags were being illegally transported in two lorries from Dharwad to Belgaum and they intercepted the lorries, conducted raid, seized the vehicles and rice bags. Thereafter, they registered the complaint and FIR.

5. In Criminal Petition No. 101741 of 2021, the petitioner also claims to be an independent trader in the business of stock and distribution of food grains and claims to have possessed the licence for the purpose. The respondents intercepted the vehicle in which the alleged rice meant for distribution to public under the PDS was being transported. About 685 bags weighing 49 Kgs. each were seized during the search or raid conducted and the crime was later registered in Crime No. 41 of 2020.

6. The facts in Criminal Petitions Nos. 101742, 101745, 101746 and 101747 of 2021 are all identical to the above cases as respective vehicles are intercepted, rice bags were seized and the crime is registered later. In all the cases, the offences alleged are the ones punishable under Ss. 3 and 7 of the Act and Clauses 3(2) & (3) and 18 of the Order. In few cases, offence punishable under S. 420 of the IPC is also registered against the petitioners herein.

7. The learned counsel Sri V.M. Sheelvant, appearing for the petitioners in all these cases would vehemently argue and contend that on a suspicion that the petitioners were carrying rice that was meant for the purpose of public distribution under the PDS, were illegally transporting and thereby, contravened the provisions of the Act and the