The High Court of Kerala dismissed the Criminal Miscellaneous petition challenging the initiation of criminal proceedings for offences under the Essential Commodities Act. The court rejected the plea to quash proceedings, held that the matter requires investigation, and declined to direct the Magistrate regarding bail on surrender.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT :
THE HONOURABLE MR. JUSTICE M.SASIDHARAN NAMBIAR
MONDAY, THE 1ST MARCH 2010 / 10TH PHALGUNA 1931
Crl.MC.No. 820 of 2009(D) -----------------------------------(CR.NO.547/08 OF BALUSSERY POLICE STATION) ...........
PETITIONER/ACCUSED:
----------------------------------
O.K.BALAN, S/O.CHEKKUTTY,CHEROTH HOUSE, P.O.EKAROOL,UNNIKULAM AMSOM DESOM,KOYILANDY TALUK.
BY ADV. MR.T.G.RAJENDRAN.
RESPONDENT/COMPLAINANT/STATE:
-------------------------------------------------------
1. SUB INSPECTOR OF POLICE, BALUSSERY POLICE STATION.
2. THE TALUK SUPPLY OFFICER,KOZHIKODE.
3. STATE, REP; BY P.PROSECUTOR,HIGH COURT OF KERALA,ERNAKULAM.
R1 TO R3 BY PUBLIC PROSECUTOR MR. S.U. NAZAR.
THIS CRIMINAL MISC. CASE HAVING BEEN FINALLY HEARD ON 01/03/2010,THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
prv.
M.SASIDHARAN NAMBIAR,J.
CRL.M.C.NO.820 OF 2009 ------------------------------------------ Dated 1st March 2010
O R D E R
Petitioner is the first accused
in Crime 547/2008 of Balussery Police Station registered for the offences punishable under section 16 of Kerala Kerosene Control Order read with section 3 and 7 (1)(a) of Essential Commodities Act. Petitioner is the authorised retail distributor of ration shop No.214 of Koilandy Taluk. On the night of 4.9.2008 at about 11 p.m, the public restrained the second accused, while he was carrying a 30 litre can containing kerosene which is to be supplied from the ration shop, on the allegation that it is being shifted for sale in the black market. On getting
Crmc 820/09
2
information over phone, Taluk Supply Officer directed the Rationing Inspector to proceed to the spot. He went there and seized the can containing 30 litres of kerosene and prepared sample of kerosene and crime No.547/2008 of Balussery police station was registered under Sections 3 and 7(1)(a)(ii) of Essential Commodities Act. Petition is filed under Section 482 of Code of Criminal Procedure to quash the proceedings contending that Taluk Supply Officer has not taken any sample from the barrel which contains kerosene in the presence of the petitioner and though proceedings were initiated to cancel the license by Annexure-II order dated 28/2/2009, that proceedings was dropped on realisation of Rs.11,220/-, being the value of the kerosene and rice found in shortage and in such circumstances,
Crmc 820/09
3
continuation of the proceedings is only an abuse of process of the court.
petitioner and learned Public Prosecutor were heard.
Crmc 820/09
4
the barrel was shifted to the can due to leakage as canvassed by the petitioner or was removed out of the ration shop at 11 p.m for the purpose of sale in the black market cannot be decided in this petition filed under Section 482 of Code of Criminal Procedure. As the matter is for
investigation, this is also an aspect which is to be considered by the investigation officer. I find no reason to quash the proceedings as claimed by the petitioner based on Annexure-II order of the Taluk Supply Officer. By Annexure-II order Taluk Supply Officer has realised penalty from the security deposit made by the petitioner, being value of kerosene and rice found in shortage, on verification on the very next day. In such circumstances, based on Annexure-II order also case cannot be
Crmc 820/09 5
quashed. Petitioner is at liberty to challenge the final order, if it goes against him.
Petition is disposed.
M.SASIDHARAN NAMBIAR, JUDGE.
uj.
3 issues framed by the court
Whether the criminal proceedings initiated against the petitioner for kerosene profiteering can be quashed on the ground that the substance value was realized.
Whether a direction to the Magistrate to release the petitioner on surrender is warranted at this stage.
Whether the matter regarding the purpose of kerosene transport is for investigation and cannot be decided by the court.
3 provisions across 2 enactments
O.K.Balan
State represented by Public Prosecutor
Msasidharan Nambiar
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
