NAGESH Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) The petitioners - accused Nos.1 and 2 have been charge sheeted for the offences punishable under Ss. 3 and 7 of Essential Commodities Act, 1955 and Sec. 18A of the Karnataka Essential Commodities (Public Distribution System) Public Control Order, 1992, alleging that, the petitioners - accused Nos.1 and 2 were transporting the rice meant for distribution under Public Distribution System unauthorizedly. The accused No.2 has been implicated on the basis of voluntary statement of accused No.1. The cognizance taken up by the aforesaid offences by the learned Magistrate is impugned in this petition.

(2.) Heard the learned counsel for the parties.

(3.) The case of the prosecution is that, on receiving credible information that, food grains meant for distribution under the Public Distribution System, were transported unauthorizedly, a search was conducted. Upon search, the food grains meant for distribution under the Public Distribution System were seized from the vehicles which were transporting the food grains.