STATE OF KARNATAKA Vs. J CHANNABASAPPA

JUDGEMENT

(1.) This revision is by the State. It is directed against the order dated 15-3-84 of the Special Judge (District & Sessions Judge) Bellary in Special Case No. 9/83 on his file discharging these respondents who were the accused in that case.

(2.) The learned State Public Prosecutor contends that the order of the court below discharging the accused was the result of a mis-reading of the facts of the case and a wrong approach by it.

(3.) The facts of the case, in brief, are: The Kampli police of Bellary District filed a charge sheet against these respondents in the month of September 1983 alleging that when their rice mill and its premises were raided and checked on 3-9-1982 by them, they had found the accused having not correctly maintained the stock of rice they had with them and of being in possession of 151 bags of rice in excess (i. e. unaccounted) and thereby being liable to be proceeded against under Sections 3 and 7 of the Essential Commodities Act, 1955 (the Act). This was the accusation or charge the police had made in Col. No. 7 of the charge sheet. The said charge-sheet was presented by the police along with other papers like list of properties, panchanama, statements of witnesses etc. On receiving this charge sheet the court ordered notices to the accused and on their appearance, after hearing their counsel, the court passed the aforesaid order discharging them.