E. RAMESH Vs. STATE OF A. P.

JUDGEMENT

(1.) The petitioner, who is accused in Crime No.29 of 2013 of Godavarikhani II-Town Police Station, Karimnagar District, filed this Criminal Petition under Section 482 Cr.P.C. to quash the proceedings in the above crime, which was registered for the offences punishable under Section 420 of I.P.C. and Section 9 of the Essential Commodities Act, 1955.

(2.) The brief facts of the case are that during KMS 2011-2012 (Kharif Marketing Season), the paddy was purchased by the Government Agencies i.e., IKP/PACSs from the farmers at Minimum Support Price and the paddy so purchased was handed over to the rice mills in the District and M/s Padmavathi Inds., Julapalli Village, Kamanpur Mandal is also one of the rice mills, which has received paddy from the IKP/PACS. The miller has to deliver resultant rice i.e., 68% for boiled rice and @ 67% for raw rice to the F.C.I. The petitioner, who is the owner of M/s Padmavathi Inds., furnished a statement that had received paddy for a quantity of 18300.60 quintals in Kharif and 18687.80 quintals in Rabi 2011- 2012 seasons and the total paddy received was 36988.40 quintals and 68% on the paddy received by the miller was worked out at 25152.11 quintals. The miller in his report furnished that he has delivered 11070.00 quintals towards resultant rice to the FCI under CMR, whereas in the declaration given to the District Manager, APSCSC Ltd., Karimnagar, the petitioner reported that they had received paddy of 20183.25 quintals in Kharif 2011-2012 and 21393.99 quintals in Rabi 2011-2012, and the total paddy received was 41577.24 quintals under CMR and a quantity of 10722.52 quintals of rice against the total rice derived, under CMR is to be delivered to the F.C.I. Therefore, the petitioner, had given false information regarding the paddy receipts and he has not shown the records for the paddy worth Rs.50,93,612/-. Hence, the petitioner is liable for punishment. Basing on the above allegations, the Deputy Tahsildar (Civil Supplies), Manthani, lodged a report before the Station House Officer, Godavarikhini II-Town Police Station on 28.02.2013, who in turn registered a case in Crime No.29 of 2013 against the petitioner/accused for the offence punishable under Section 420 of I.P.C. and Section 9 of the Essential Commodities Act. .

(3.) Heard learned Counsel appearing for the petitioner, learned Assistant Public Prosecutor appearing for the respondent/State and perused the record.