KISHORE LAL Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) this criminal petition is preferred under Section 482 of Criminal Procedure Code praying to quash the entire proceedings in spl/fir No. 55/1986, on the file of sessions judge, raichur. There are in all eight accused in the said case. This criminal petition is preferred by accused-1 to 5 in that case.

(2.) a few facts necessary for the purpose of disposal of this case as follows: the p.s.i., sadar bazar, raichur went to the mill-ajoomal lilarm oil mill with the panchas and some members of his staff on 18-12-1986 at 7.30 p.m. as he had the information that in ajoomal lilaram oil mill business was carried on without maintaining stock book and commodities such as oil seeds, cotton seeds were stored illegally. The p.s.i, conducted the raid and checked the oil mill and found that 28 quintals 98 k.gs. Sunflower oil was illegally stocked which was more than stock mentioned in the stock register and therefore there was violation of clauses 7 and 14 of the Karnataka edible dealers licencing order 1976-77 which is an offence under Section 3 punishable under Section 7 of the act. After the investigation of the case, the police have filed a charge sheet in the court of sessions at raichur.

(3.) the petitioners who are accused 1 to 5 in that case have preferred this criminal petition. The contention of the learned counsel for the petitioners is that the petitioners are the partners of the said mill and they reside at Bombay and they are not in-charge of the management of the affairs of the mill and therefore no prosecution can be launched against them. As against this, the learned additional state public prosecutor has contended that since the petitioners are the partners of the firm, they can be prosecuted for the violation of the Provisions of the Karnataka edible dealers licencing order 1976-77 read with Section 7 of the act.