SHEIKMEERAN Vs. STATE

JUDGEMENT

(1.) This Criminal Original Petition is filed under Section 482 of Criminal Procedure Code to quash the proceedings in C.C.No.39 of 2009 on the file of the learned Judicial Magistrate No.III, Madurai.

(2.) The case of the prosecution is that on 17.12.2009 at about 14.45 hrs, in Melur to Alagarkovil Road, Pallavarayanpatti, near thatched shed of A1/Sheik Meeran, a load van bearing Registration No. TN 69 B 6042 was found in possession of 80 chippams of PDS boiled rice and then, on the western side of the thatched shed room another 310 chippams of boiled PDS rice and further on the eastern side thatched shed room another 900 chippams of boiled PDS rice were seized. All the above said stated PDS rice bags were seized in the presence of Revenue Officials.

(3.) The foremost contention of the learned counsel for the petitioners is that the certificate issued by the quality inspector cannot be the basis for the prosecution, as the same does not have any legal effect. The learned counsel further submitted that the allegation made against the petitioners does not make out any offence, as there is no material to show that the rice seized was purchased from the ration card holders. In support of his submission, the learned counsel relied on the judgments of this Court in Crl.O.P.(MD).No.7055 of 2016, dated 19.07.2016 and Crl.O.P.(MD).No.7630 of 2015, dated 16.07.2015.