THE HON’BLE SMT. JUSTICE JUVVADI SRIDEVI CRIMINAL PETITION No.6199 of 2023

O R D E R :

This Criminal Petition is filed under Section 482 of Cr.P.C. by the petitioner-accused seeking to quash the proceedings against him in C.C.No.581 of 2019 on the file of I Additional Judicial Magistrate of First Class at Huzurabad, Karimnagar District, pertaining to Crime No.116 of 2018 of P.S. Huzurabad, registered for the offences under Section 420 of the Indian Penal Code (for short ‘IPC’) and Section 7 and 8 of the Essential Commodities Act, 1955 (for short ‘the Act’).

2. Heard Mr. K.Venumadhav, learned counsel for the petitioner and Mrs. S.Madhavi, learned Assistant Public Prosecutor appearing for the respondent-State. No representation on behalf of respondent No.2.

Perused the record.

3. The case of the prosecution, in brief, is that on receipt of credible information, the de facto complainant, who is the Deputy Tahsildar, Huzurabad and civil supply and Enforcement officials proceeded to Kakatiya Canal Colony, Huzurabad town and mandal on 10.05.2018 and found 4 lorries loaded with recycled PDS rice and conducted a detailed panchanama summoned three mediators and found that the accused who is owner of Varun Industries (Rice Mill) was purchasing PDS rice, recycling the same and mixing in the milled rice and delivering to civil supply corporation and also illegally transporting to other states. The said rice was seized under the cover of panchanama. Thereafter, the de facto complainant registered a case against the petitioner.

4. Learned counsel appearing for the petitioner submits that the petitioner is innocent and has been falsely implicated in the case. It is submitted that the petitioner was allotted paddy comprising a quantity of 20267.20 quintals of paddy to its rice mill in kharif marketing season 2017-18 and when the entire stock of rice is being supplied to the Civil Supplies Authorities loaded in 4 lorries on milling of the paddy under Custom Milling Rice Scheme, the said rice was seized by the respondent No.2 and other staff alleging that the said rice is like PDS rice and seized the same. Hence, the petitioner approached this Court vide W.P.No.24166 of 2018 and this Court vide orders dated 26.04.2019, directed the authorities to adjust the said rice to the account of the petitioner, accordingly the same was received by the authorities and accounted under Custom Milling Rice Scheme Rice to be supplied to the petitioner, upon which the District civil supply officer, Karimnagar issued a certificate stating that no custom milled rice is due from the petitioner and therefore, it cannot be said that, the petitioner has committed any such offence as alleged in the charge sheet. Thus, he prayed to quash the proceedings against the petitioner.

5. On the other hand, the learned Assistant Public Prosecutor contended that all the accused, including the petitioner herein, has involved in illegal transportation of PDS rice. It is further contended that all the allegations levelled in the complaint as well as in the charge sheet are subject matter of trial, and hence, this is not a fit case to quash the proceedings at this stage. Accordingly, she prayed to dismiss the petition.

6. On perusal of the record, it is apparent that the petitioner was allotted a paddy quantity of 20267.20 quintals of paddy, he has milled the same. While supplying the entire stocks to the Civil Supplies Authorities in four lorries the same was caught hold by the authorities as illegal transportation of PDS rice. The main allegation against the petitioner is that he purchased the PDS rice, recycled the same, mixed it in the milled rice and delivered to the civil supply corporation and he is also illegally transporting to other states. Mere transport of rice does not constitute any offence unless any misappropriation of such rice is established. Further, this Court in W.P.No.24166 of 2018 on 26.04.2019 directed the respondent Nos.1 to 3 to deliver it to the 6^th respondent