SARASWATHI INDUSTRIES RICE MILL Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) Since the question involved in both the Revision Petitions is same, they are disposed of by this common order.

(2.) Criminal Revision Petitions Nos. 49 and 50 of 1985 are filed by Saraswathi Industries Rice Mill, Jalapur Camp, Shirwar, by its partner K. Balaraj, son of K.S. Seenaiah (hereinafter referred to as the Mill) arraigned as accused No. 3 in Special Cases Nos. 6 and 10 of 1984 on the file of the Special Judge, Bijapur, They are directed against the common order dated December 20, 1984, made by the Special Judge in Special Cases Nos, 6 and 10 of 1984, negativing the contention urged on behalf of the Mill and other persons arraigned as accused in the said two cases that the Court of the Special Judge had no jurisdiction to try the offences alleged against them.

(3.) The facts relevant for the present purpose, briefly stated, are these: The facts in Special Case No. 6/84 ----------------------------------- (The subject-matter of Crl. R.P. No. 49/1985) The Mill is a partnership concern. Kallur Balaraj, arraigned as Accused-3A, and Kallur Omprakash, arraigned as Accused-3B, are its partners. The Mill is a miller within the meaning of the expression given in Clause 2(f) of the Karnataka Rice and Paddy Procurement (Levy) Order, 1983 (hereinafter referred to as the Order). It is a Rice Mill engaged itself in rice milling operations under the Rice Milling Industry (Regulation) Act, 1958. According to the prosecution, the Mill and its partners on 25-12-1983 removed 100 bags of rice from the Mill premises without delivery of the rice relating to the said stock in accordance with Sub-clause (2) and without obtaining a release certificate under Clause 9 of the Order, contravening Clause 3(3) of the Order and sent the said stock of rice to Hukkeri in the Truck bearing registration No. MEI-7421 with Shabuddin, arraigned as A-l (the Driver) and Ramakrishna, arraigned as A--2 (the Gumastha working in the Mill). The Truck was intercepted on 26-12-1983 at 6-30 a.m. by the Circle Inspector of Police, Hungund. After necessary verification, the Circle Inspector of Police having found the transport of 100 bags of rice by the Mill in contravention of Clause 3(3) and Clause 9 of the Order, took up seizure proceedings and lodged a complaint thereafter against the Driver, the Gumastha, the Mill and its partners. The Sub-Inspector of Police, Hungund, on the basis of the complaint, registered a case in Crime No. 105 of 1983 for contravention of the provisions of the Order read with Sections 3 and 7 of the Essential Commodities Act (the Act for short). On completion of investigation, the charge-sheet came to be filed for contravention of Clauses 3 and 9 of the Order punishable under Sections 3 and 7 of the Act.