(1.) THE petition is filed by the second accused seeking quashment of the criminal proceedings in C.C.No.44 of 2005 on the file of the learned Judicial Magistrate No.II, Tuticorin.
(2.) THE charge against 22 accused including the petitioner herein is as follows: A-1,A-8,A-9 and the petitioner herein conspired together to collect rice meant for public distribution system for the purpose of smuggling the same to Delhi in black-market, and thereby, A-1 to A-3 and A-8 to A-19 committed an offence of conspiracy punishable under Section 120(B) of the Indian Penal Code. A-1 and the petitioner herein with the active assistance of A-10 to A-19 secured huge quantities of PDS rice by illegal means and stored the same in Tamil Nadu Warehousing Corporation Godown Unit No.III and loaded 44,214 bags of PDS rice each weighing 50 Kgs in 40 Railway Wagons in the Thoothukudi Port Railway Yard and kept the remaining portion of PDS rice in the godown itself, and thereby, A-1, A-2 and A-8 to A-18 contravened the provision of Section 6(4) of the Public Distribution System (Control) Order, 2001 punishable under Section 7(1)(a)(ii) of the Essential Commodities Act, 1955. A-1, A-10 to A-18 and the petitioner herein purchased PDS rice for the purpose of smuggling to Delhi, and thereby, they contravened the provision of Section 6(4) of the Tamil Nadu Scheduled Commodities (Regulation of Distribution by Card System) Order, 1982 punishable under Section 7(1)(a)(ii) of the Essential Commodities Act, 1955. A-4 to A-6 created false purchase bills, as if the rice was sold by them to Sri Vinayaka Exports at Kovilpatti, and thereby, they committed an offence punishable under Section 467 of the Indian Penal Code. A-1 and the petitioner herein persuaded the seventh accused, who was working as the Market Supervisor at Agricultural Produce Market Committee, Bangarapet, Karnataka, to create false entries to make it appear that the rice was purchased from A-4 to A-6 and transported the same from Bangarapet, Karnataka in lorries to Kovilpatti in Tamil Nadu, and thereby, they committed offences punishable under Section 467 IPC r/w 120(B) of the Indian Penal Code. A-1 and the petitioner herein also persuaded A-19 and A-22, who were staff of Dharmapuri District Regulated Market Committee, Thoppur Check Post to create false documents, as if the lorries passed through the said Check Post with rice bags and thereby, they committed offences punishable under Section 467 IPC r/w 120(B) of the Indian Penal Code. THE petitioner herein used the forged bills issued by A-4 to A-6 as genuine knowing full well that the same were forged ones and used the same to cheat the officers, who seized the PDS rice, and thereby, the second accused committed the offences punishable under Sections 468 and 471 of the Indian Penal Code.
(3.) THE learned counsel for the petitioner would vehemently contend that as the sample packets collected from the rice alleged to have been transported by the petitioner and the analyst report were not served on the petitioner, the petitioner was deprived of his right to file an appeal against such analyst report. As the Central Government has already promulgated an order removing the restriction on export and import of food grains through out India, the offences alleged to have been committed under the Essential Commodities Act, 1955 does not survive for legal scrutiny.