A. PADMANABHA REDDY Vs. STATE OF A.P.
LAWS(APH)-2019-10-34
HIGH COURT OF ANDHRA PRADESH
Decided on October 23,2019

A. Padmanabha Reddy Appellant
VERSUS
STATE OF A.P. Respondents


Referred Judgements :-

STATE OF HARYANA VS. BHAJAN LAL [REFERRED TO]


JUDGEMENT

U Durga Prasad Rao, J. - (1.)In this petition filed under Section 482 Cr.P.C., the petitioners-A1 to A4 seek to quash the proceedings against them in Cr.No.58 of 2012 of Muppalla Police Station, Guntur District, registered for the offence under Section 420 IPC and Section 7 of the Essential Commodities Act, 1955 (for short, 'the E.C. Act').
(2.)The Vigilance & Enforcement Officer, Guntur, along with Deputy Tahsildar, Civil Supplies inspected the premises of M/s. Sri Lakshmi Srinivasa Rice Traders, Narnepadu Village, of which petitioner-A1 is the Managing Partner. On 12.06.2012 at 3.00 A.M. they found some vehicles were parked and mutha coolies were unloading the rice bags in the mill from Bolero truck bearing registration No.AP 7Y 3858. On enquiry, the petitioner-A2 stated that himself and A1 took the rice mill on lease in October, 2011 and petitioners-A1 to A4 have been purchasing PDS rice and supplying the levy to the Government. The officials found B-Register was maintained only upto 06.06.2012 and it was not updated. On verification of stock, among other items, they found 160 quintals of PDS rice. The officials thus found that the accused were purchasing PDS rice; not updating the stock register; copy of the Food Grain license was not available in the rice mill and thus, the accused have violated the provisions of the E.C. Act. Thus, the Vigilance Officer requested the Tahsildar, Muppalla to register the case under Section 6- A of the E.C. Act in the Court of District Collector, Guntur. They also requested the Tahsildar to lodge a criminal case. The Tahsildar accordingly gave report dated 15.06.2012 to the Station House Officer, Muppalla which was registered as case in Cr.No.58/2012 for the offence under Section 420 IPC and Section 7 of the E.C. Act against the petitioners-A1 to A4, besides E.C. Act case No.183/2012- S7 was initiated before the Collector & District Magistrate, Guntur. Hence, the instant petition to quash the criminal case.
(3.)Heard Sri V.Sudhakar Reddy, learned counsel for petitioners, and learned Additional Public Prosecutor representing the first respondent-State.
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