STATE OF KARNATAKA Vs. P M NAGESHWARA RAO

JUDGEMENT

(1.) Heard. Perused the judgment. The IInd Additional Chief Judicial Magistrate, Mysore, having acquitted the accused-respondents of the charge of the offence undar S. 7 R/W 3 of the Essential Commodites Act and C!ause-3 of the Karnataka Pulses Dealers Licensing Order, 1977, the State has come up with this appeal.

(2.) The learned Chief Judicial Magistrate has acquitted the accused firstly on the ground thet the evidence is not satisfactory and secondly on the ground the search conducted by the police was illegal. The learned Magistrate has observed thet police has no such powers of search. In reaching thet conclusion he has referred to Rule 17(1) of the Order, whereunder the Government has authorised certain authorities to make such search for securing compliance of the order. The evidence given by PWs-1 to 4 is highly discrepant in relation to the details of the seizure effected. Besides, neither any case itself was registered bafore making search nor the permission of the Magistrate was taken for making search, muchless the information received, said to be reliable, had been recorded. He had proceeded to make search even without recording in writing the grounds of his belief and specifying in writing his opinion as required U/s. 165 Cr.P.C Although as provided U/s. 10-A of the Essential Commodities Act, the offences committed under the Act are made cognizable, but the supervisory power regarding the enforcement of the orders are specifically given to the other officers, other then the police, as provided under rule 17(1). thet being so, the police officer should not have taken the responsibility on himself of supervising the enforcement of the order, as he had done here, in the case. the search mada by him being in violation of the Provisions of Section 165 Cr.P.C., is illegal and without jurisdiction. The Learned Magistrate was, hence justified in acquitting the accused.

(3.) Therefore, we find no ground to interfere with the order made by the court below. The leave is refused and the appeal is dismissed. Appeal is dismissed.