MUHAMMED HANEEFA Vs. STATE OF KERALA

JUDGEMENT

(1.) The petitioner is the second accused in C.C. No. 54 of 2013 on the file of the Judicial Magistrate of the First Class, Mannarkkad. The first accused is an authorised retail distributor of ration articles. The allegation is that on 01/11/2009 the first accused sold 100 litres of kerosene to the petitioner, who purchased it for use other than cooking or illumination. The Sub Inspector of Police, Mannarkkad arrested both of them, seized the kerosene along with the vehicle used for its transportation at 1 in the morning just in front of the shop of the first accused. The Sub Inspector filed final report alleging that they committed the offence under S.7(1)(a)(ii) read with S.3 of the Essential Commodities Act (for short the Act). In this petition filed under S.482 Cr.P.C the proceedings in the Trial Court are sought to be quashed mainly on the grounds that the facts of the case do not attract any offence, and the arrest, seizure and investigation are illegal since the Sub Inspector was not competent to do so.

(2.) Heard Sri. K. T. Saju, the learned counsel for the petitioner and Sri. Suresh Babu Thomas, the learned Additional State Prosecutor.

(3.) At the hearing the argument was confined to the contention regarding competency of the police officer.