MOHAMMED SALEEM KOUNMIR Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) The petitioner has sought for anticipatory bail under Section 438 of Code of Criminal Procedure in Crime No.227/2019 of Sindgi Police Station registered for the offences punishable under Section 3 read with Section 7 of Essential Commodities Act, 1955 (hereinafter for brevity referred to as 'EC Act').

(2.) The summary of the case of the prosecution is that, based on credible information received by him, the complainant who is Food Inspector of the Office of the Tahsildar, Sindgi Rural, obtained necessary permission and guidance by the Tahsildar and joined by panchas and other members of the raiding team, proceeded to Chandkavathe village as per the information. In the outskirts of the said village, they noticed a goods carrier motor vehicle coming opposite to their vehicles and these people stopped the said vehicle. In the said vehicle, they noticed a driver and cleaner by name Gudulal and Babu respectively, were carrying 27 bags of rice in total weighing 1,350 kgs. which food item was meant for public distribution. The said transportation of the goods was without any licence or permission and by enquiry with those two people who apprehended on the spot, they came to know that it was being transported to sell it to the present petitioner, who is accused No.3 in the crime. The said complaint of the Revenue Inspector was registered in Crime No.227/2019 in the respondent ? Sindgi police station for the offence punishable under Section 3 read with Section 7 of EC Act. The investigation is said to be pending.

(3.) The learned counsel for the petitioner submits that the alleged suspicion against the present petitioner is only based on alleged revelation of his name by accused Nos.1 and 2 which alleged revelation is totally baseless. He further submits that the present petitioner is in no way connected with sale or purchase of any items including rice and is a stranger to the alleged incident. However, because his name corresponds with the name of alleged accused No.3 said to have been revealed by accused Nos.1 and 2, the Police are apprehending him, as such, the petitioner is apprehending his arrest.