NAVOTHU SRINIVAS Vs. STATE OF TELANGANA
LAWS(TLNG)-2021-7-156
HIGH COURT OF TELANGANA
Decided on
July 05,2021
Navothu Srinivas
Appellant
VERSUS
State of Telangana
Respondents
Referred Judgements :-
KAILASH PRASAD YADAV VS. STATE OF JHARKHAND [REFERRED TO]ELLURU CHANDRA OBUL REDDY VS. JOINT COLLECTOR KADAPA DISTRICT [REFERRED TO]
MAIMUNA BEGUM VS. THE STATE OF TELANGANA [REFERRED TO]
MIRIYALA RENUKA DEVI AND OTHERS VS. THE STATE OF ANDHRA PRADESH, REP. BY PUBLIC PROSECUTOR, HIGH COURT AT HYDERABAD AND OTHERS [REFERRED TO]
SAU. KAMALSHIVAJI POKARNEKAR VS. THE STATE OF MAHARASHTRA AND OTHERS [REFERRED TO]
SKODA AUTO VOLKSWAGEN INDIA PRIVATE LIMITED VS. STATE OF UTTAR PRADESH [REFERRED TO]
JUDGEMENT
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(1.)These Criminal Petitions are filed under Sec. 482 of the Code of Criminal Procedure, 1973 (for short 'Cr.P.C.') to quash the
proceedings in the Calendar Cases specifically mentioned therein. The
petitioners are accused in the said Calendar Cases. The offences
alleged against the petitioners are under Ss. 406, 409 and 420
IPC, Ss. 6(A), 7 and 7(A) of the Essential Commodities Act,1955
(for short, 'the EC Act') and clause 17(d) (e) of T.S.Public Distribution
System (Control) Order, 2016 ( for short, the TSPDS(C) Order, 2016).
Particulars of the said Calander Cases impugned herein are detailed
below:-
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(2.)Heard Sri Somavarapu Satyanarayana, learned counsel for the petitioners/accused and learned Public Prosecutor and perused the record.
(3.)In the above said batch of Criminal Petitions, the offences alleged against the petitioners/accused are purchase, stocking, selling and illegal transportation of PDS rice. As per the charge sheets in all the above said Criminal Petitions, the allegations leveled against all the accused therein are that they have purchased and transported the PDS rice illegally. Some of them have kept said PDS rice in go downs. There is also specific allegation that they have purchased PDS rice by paying higher amount per kg, to the cardholders. In some cases, the accused have purchased PDS rice from the card holders up to Rs.14.00 per kg.n and Rs.16.00 per kg., etc. The quantity of PDS rice purchased is also specifically mentioned. Vehicles numbers, drivers names involved in the said cases are also specifically mentioned in the charge sheets. The Investigating Officers have also conducted confession-cum-seizure panchanamas in the presence of panch witnesses and also seized and sealed said stock and the same was handed over to go downs in charges for safe custody. Thus, all the accused have committed purchase, sale and illegal transportation of the PDS rice which was purchased from card holders and some of them have kept stock in go downs. Thus, all the accused have committed the above said offences.
Contentions of the learned counsel for the petitioners:
(2.)Heard Sri Somavarapu Satyanarayana, learned counsel for the petitioners/accused and learned Public Prosecutor and perused the record.
(3.)In the above said batch of Criminal Petitions, the offences alleged against the petitioners/accused are purchase, stocking, selling and illegal transportation of PDS rice. As per the charge sheets in all the above said Criminal Petitions, the allegations leveled against all the accused therein are that they have purchased and transported the PDS rice illegally. Some of them have kept said PDS rice in go downs. There is also specific allegation that they have purchased PDS rice by paying higher amount per kg, to the cardholders. In some cases, the accused have purchased PDS rice from the card holders up to Rs.14.00 per kg.n and Rs.16.00 per kg., etc. The quantity of PDS rice purchased is also specifically mentioned. Vehicles numbers, drivers names involved in the said cases are also specifically mentioned in the charge sheets. The Investigating Officers have also conducted confession-cum-seizure panchanamas in the presence of panch witnesses and also seized and sealed said stock and the same was handed over to go downs in charges for safe custody. Thus, all the accused have committed purchase, sale and illegal transportation of the PDS rice which was purchased from card holders and some of them have kept stock in go downs. Thus, all the accused have committed the above said offences.
Contentions of the learned counsel for the petitioners:
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