(Prayer: This Crl.P filed u/S.482 of Cr.P.C.(Old) u/Sec 528 of BNSS, praying to, allow the present criminal petitioner and also quash the fir in Crime No. 301/2018 registered at Gandhigunj Police Station, Bidar and charge sheet (C.C. No.1812/2021) filed before the Hon'ble Court against petitioner for the offence punishable Karnataka Essential Commodities U/Sec 3 and 7 and PDS controlling Order 1992 u/Sec 19 in the interest of justice and equity.)

Oral Order

1. This petition is filed by the petitioner/accused No.5 under Section 482 of Cr.P.C. for quashing the criminal proceedings in Crime No.301/2018 registered by Gandhi Gunj Police Station, and charge sheeted for the offences punishable under Sections 3 and 7 of the Karnataka Essential Commodities Act and section 19 of the Public Distribution System Control Order, 1992.

2. Heard the learned counsel for the petitioner and learned HCGP for the respondent.

3. The case of the prosecution is that, on the basis complaint lodged by the Rajendra Kumar, the Food Inspector of Bidar, respondent - Police has filed a complaint on 06.10.2018. In the complaint it is alleged that, the complainant has received a credible information that in the Indian Coolar Company, the accused were storing the rice, wheat and other materials illegally, which was meant for public distribution system. Hence, by intimating the same to the police and panchas, he visited there and found the rice, toor dal, wheat and milk powder and seized a Tata Goods vehicle and filed a complaint before the respondent - Police against the petitioner and others. The respondent - police after registering the case, arrested some of the accused and finally, filed the charge sheet by arraying this petitioner as accused No.5. The same is under challenge in this petition.

4. Learned counsel for the petitioner has contended that, the petitioner is nowhere connected with the case and there is no evidence against the petitioner for his involvement in the offence in engaging distribution of PDS food grains. Therefore, absolutely there is no material to show that this petitioner has done business with accused No.1 in whose godown the aforementioned grains were illegally stored. Therefore, continuing the proceedings against petitioner is nothing but abuse of process of law. Hence, prayed for quashing the same.

5. Per contra, learned HCGP objected the petition by contending that, there is huge quantity of food grains were seized in the godown, where this petitioner and other accused were doing the business, by getting food materials from some unknown persons and were selling to the public in black market. He was the partner in the business of accused No.1. Therefore, there is a clear case against this petitioner for having committed the offence under EC Act. Hence, prayed for dismissing the petition.

6. Having heard the arguments and perused the record.

7. On perusal of the record, the Food Inspector raided Indian Cooler Company, at that time, nobody was present and found nothing except storage of rice, toor dal, wheat, milk powder etc., and a Tata goods vehicle. But the Police, recorded the statement of one Sheikh Mohammed Wazir, who is the owner of the said godown. He has stated that, he has rented the godown out to accused No.1/Sangamesh for Rs.4000/- for doing electrical business. But he has stated that, he is unaware about the storing the food grains in the said roof and doing business by accused No.1 or any other person. There is no other material collected by the Investigation Officer in order to show from whom these food grains were purchased and kept in the godown. Of course, the godown was let out to the accused No.1 Sangamesh, but, what is the role of this petitioner was not explained by the Investigating Officer in the final report. There is no voluntary statement recorded to show that, how he got the food grains and whether he is having any relationship of business with accused No.1 and there is no statement recorded by the Investigating Officer in that regard. Absolutely, there is no connecting evidence with this accused with accused No.1 to show that he was running a business, either in the form of partnership or any other contract or broker in purchasing the food grains, which was meant for distribution in the PDS system. Therefore, I am of the view that, there is no connecting evidence to show he was involved in the commission of the offence, except naming this petitioner as accused in the FIR and the charge sheet. Therefore, when there is no direct evidence for having apprehended this petitioner along with the goods, the question of conducting proceeding against the petitioner is abuse of process of Court. Accordingly, I proceed to pass the following:

ORDER

          i) The petition is allowed.

          ii) The proceedings against the petitioner/accused No.5 in CC No.1812/2021, arising out of Crime No.301/2018, registered by Gandhi Gunj Police Station for the offences punishable under Sections 3 and 7 of the Karnataka Essential Commodities Act and section 19 of the Karnataka Essential Commodities (Public Distribution System) Control Order, 1992, presently pending on the file of Principal Civil Judge and JMFC - II, Bidar is hereby quashed.

          The pending interlocutory application does not survive for consideration.