SANGANAGOUDA Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) Heard the learned counsel for the petitioner and learned HCGP for respondent-State.

(2.) The petitioner before this Court is the driver of the lorry. The facts leading to this petition are that on the complaint filed by the Food Inspector, Shiggaon Taluka, Bankapura Police have registered the case for the offence punishable under Sections 3 and 7 of the Essential Commodities Act, 1955. The allegations are that on 09.12.2014 night at about 8.00 p.m. the Food Inspector, Shiggaon received a credible information from the Tahasildar and Assistant Commissioner, Shiggaon regarding illegal transportation of rice bags meant for Public Distribution System in a lorry bearing No.KA- 27/9882 from Hubballi to Haveri. On receiving the said information, the Food Inspector along with panchas and other staff stopped the said lorry which was moving on the highway near Bankapura Toll Naka. During search, it was found that out of the 215 rice bags which were carried in the lorry 08 bags of rice were meant for Public Distribution System. The said 08 bags of Public Distribution System rice were seized in the presence of panchas and the remaining 207 bags are broken rice was released to the owner of the goods.

(3.) On the basis of the said complaint, the case was registered against the petitioner under Section 3 and 7 of the Essential Commodities Act, 1955. After completion of the investigation charge sheet has been filed against the petitioner namely the driver of the lorry and another accused No.2 who is the owner of lorry.