THE HONOURABLE SRI JUSTICE E.V.VENUGOPAL CRIMINAL PETITION No.2271 OF 2021

ORDER:

This Criminal Petition is filed under Section 482 of the Code of Criminal Procedure, 1973 (for short ‘Cr.P.C.’) to quash the proceedings initiated against the petitioners/accused Nos.1 & 2 in C.C.No.433 of 2020, on the file of Judicial First Class Magistrate at Kamareddy, registered for the offences punishable under Section 420 of IPC and Section 7 of the Essential Commodities Act, 1955.

2. Heard the learned counsel for the petitioners and the learned Assistant Public Prosecutor for respondent-State.

3. The brief facts of the case are that on 10.06.2019, the 2^nd respondent lodged a complaint against the petitioners herein and apprehended the lorry bearing No.KA-33A-9766 for illegal transportation of PDS rice. The petitioners herein are arrayed as A-1 and A-2. The Police after investigation, filed charge sheet in the Court of Judicial First Class Magistrate at Kamareddy and the learned Magistrate took cognizance of the offences and the same is numbered as C.C.No.433 of 2020.

4. Learned counsel for the petitioners relying on the orders passed by this Court in Crl.P.No.1794 of 2020 dated 27.09.2024 submits that facts of the present case are similar to that of the case referred above and seeks this Court to allow the present criminal petition.

5. Upon verifying the facts and placing reliance on the judgment of the Hon’ble Supreme Court in Dwarikesh Sugar Industries Limited vs. Prem Heavy Engineering works (P) Limited and another, AIR 1997 Supreme Court 2477, this Court had allowed the above referred criminal petition.

6. In the above referred criminal petition, the petitioner No.1 therein had purchased PDS rice and transported the same in the DCM vehicle driven by petitioner No.2. As such, no ingredients attracting Section 420 of IPC are made out, as the rice which has been transported does not fall within the Essential Commodities Act as per G.O.Ms.No.20, dated 21.11.2014 from 30.11.2014.

Accordingly, Crl.P.No.1794 of 2020 was allowed.

7. Whereas in the present case, during the course of investigation, the Collector, Kamareddy issued final orders dated 21.09.2019 releasing the seized lorry to A-2 on furnishing bank guarantee and on giving an undertaking that the petitioner will not sell, alienate or transfer the vehicle to others during the pendency of the case. The Deputy Tahsildar, Kamareddy was

authorized to take possession of the above said lorry from the custodian and to release the vehicle to A-2. Accordingly, on 25.09.2019 as per the above order, L.W.7 handed over the custody vehicle to S.Rajashekar, Assistant Civil Supply Officer, Kamareddy under proper acknowledgment. That being the case, the petitioners approached this Court seeking to quash the proceedings against them. The above said fact has not been mentioned in the grounds raised by the petitioners in the present case. In the said circumstances, this Court is not inclined to interfere with the proceedings of the learned trial Court.

8. Accordingly, the Criminal Petition is dismissed. However, it is needless to mention that the petitioners are at liberty to work out their remedies available under law. Miscellaneous applications, if any pending, shall also stand closed.

_____________________ E.V. VENUGOPAL, J Date: 15.07.2025 dv