SRINIVASA Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) The facts that gave rise to this Criminal Petition one under Section 482 of the Coda of Criminal Procedure are these : M/s. Venkatachalapathy & Co., is a paitnership firm doing wholesale business in edible oils. In addition to a wholesale licence for edible oils, they also possessed a producer-dealer licence and a commission agency licence for edible oil. In the course of the commission agency business, the firm received 9495 kg; of cotton seed refined Oil on 22-8-1981 which was dealt by them in their business upto 22-11-1981 and another consignment of 550 tins of solvent extracted groun Jnut refined oil (vikas brand) on 27-8-1981 which was similarly dealt by them upto 28-10-1981. On 27-11-1931, Hanuman the Gowda, Circle lnspector Police, Food Cell, Bangalore, inspected the firm and verified the account books of the firm relating to the dealings in edible oils. While verifying the account books, he found that the firm, in respect of 9495 kgs. of cotton seed refined oil received on 22-8-1981 and 550 tins of solvent extracted groundnut refined oil (vikas brand) received on 27-8-1981, had violated the provisions of the Pulses, Edible Oil Seeds and Edible Oils (Storage Control) Order 1977 (for short the 'Order'). Thereupon he seized the relevant account books and other documents under a Mahazar in the presence of panch witnesses for taking further action.. Then he gave a report in this regard to the Sub-Inspector of Police, Law and Order, New Tharagupet, Bangalore, requesting him to register a case and take necessary action in the matter. On receipt of the report, the Sub-Inspector of Police, New Tharsgupet Police Station, registered a case in Cr.No. 176/81 for violation of the provisions of the Order read with Sections 3 and 7 of the ESSENTIAL COMMODITIES ACT, 1955, 1955 (for short the 'Act') and submitted the F.I.R. to the court of the jurisdictional "Magistrate and took up investigation. After completing the investigation, he placed a charge sheet against the petitioner who was said to be the Accountant in the firm M/s. Venkatachalapathy & Co., under clause 4 sub-clause 5(b) of the Order read with Sections 3 and 7 of the Act.

(2.) On receipt of the charge-sheet a case was registered against the petitioner (who will be herein after referred to as the 'Accused') in C.C. No. 161/1982 in the court of the II Additional Chief Metropalita , Magistrate, Bangalore City. The learned Magistrate after hearing the prosecution and the accused, framed a charge against the accused for contravention of clause 4 of the Order read with Sections 3 and 7 of the Act on 26- 8-1983 and set down the case for trial. The accused, being aggrieved by the initiation of the criminal prosecution by framing the charge against him has filed this Criminal Petition to quash the entire criminal proceedings including the charge framed against him in C.C. Nc. 161/1982.

(3.) Heard the advocates appearing for both the parties. Perused the records.