IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD FRIDAY, THE THIRTEENTH DAY OF AUGUST TWO THOUSAND AND TEN PRESENT THE HON'BLE SRI JUSTICE K.C. BHANU CRIMINAL PETITION No.1950 OF 2009 Between: Y. Prakash and others .....PETITIONERS AND The State through SHO and another ....RESPONDENTS The Court made the following: THE HON’BLE SRI JUSTICE K.C. BHANU CRIMINAL PETITION No.1950 OF 2009 ORDER: This Criminal Petition, under Section 482 of the Code of Criminal Procedure, 1973 (for short, “Cr.P.C.”) is filed to quash the proceedings against the petitioners/A2 to A4 in C.C.No.337 of 2008 on the file of the Judicial Magistrate of First Class, Bodan. 2. The allegations in the charge sheet would to go show that on 28.05.2008 in the early hours at 04:30 AM, A1 was allegedly found transporting 680 Rice bags weighing 170 Quintals in a lorry bearing No. MH 26 H 6207 from Gajwel to Nanded of Maharastra State through Kandakurthy check post, without having any way bills. The complainant, Deputy Commercial Tax Officer, Vigilance and Enforcement, Nizamabad, along with his unit members stopped the lorry and found A1 transporting the said rice illegally in the said lorry, to which A2 to A4 were found following in UNO car bearing No. AP 28 R 6568, in order to pass the said rice laden lorry peacefully without any hindrance from Andhra Pradesh to Maharastra State. After seizure of lorry with rice, the complainant/LW.1 handed over the same in the Police Station IV Town, Nizamabad; informed to LW.2, District Supply Officer, Nizamabad, and handed over A1 in the police station, Yedpally, along with complaint. Thus, A1 to A4 found indulged in illegal transportation of rice by cheating the Government by doing the acts of criminal breach of trust and thereby, found A1 to A4 committed the offences punishable under Sections 7 of the Essential Commodities Act, 1955 (for short, “the Act”) and 420 and 406 I.P.C. 3. Learned counsel for the petitioners contended that except alleging that the present petitioners were following the lorry, which was allegedly carrying 680 Rice bags without way bills and permit, there are no other allegations levelled against them; that the said allegation does not attract any of the provisions of the offences punishable under Sections 7 of the Act, 420 and 406 I.P.C.; that therefore, continuation of proceedings against the present petitioners is nothing but abuse of process of Court and hence, he prays to quash the proceedings against the present petitioners. 4. On the other hand, learned counsel representing the learned Public Prosecutor contended that the present petitioners were found indulged in illegal transportation of rice by cheating the Government by doing the acts of criminal breach of trust; that there are no grounds to quash the proceedings and hence, he prays to dismiss the Criminal Petition. 5. Inherent powers under Section 482 Cr.P.C. can be invoked to prevent abuse of process of Court or to secure ends of justice or to give effect to the orders passed under the Code. The allegations in the charge sheet, if taken as true and correct, made out a prima facie case of the offence alleged, then the question of quashing the charge sheet does not arise. 6. At this stage it is not necessary to test whether the allegations are true or false. The allegations against the present petitioners are that they are following the lorry carrying 680 Rice bags in a UNO car in order to pass the said rice laden lorry peacefully without any hindrance from Andhra Pradesh to Maharastra State. Except that allegation, there is no other allegation levelled against the petitioners to show that the rice in question belongs to them or that they were doing clandestine business or that they were entrusted with the rice or that they cheated the Government. Simply following the lorry, which was carrying 680 bags of rice, from Gajwel to Nanded without way bills and permit issued by the competent authority, does not amount to an offence. There are no circumstances to indicate that these petitioners are connected with the alleged illegal transportation of rice. There is no such material to infer that the petitioners were connected with the illegal transportation of rice in the lorry. Admittedly, these petitioners were not present in the lorry. Therefore, the allegations, if taken as true or correct, at this stage, do not constitute an offence punishable either under Section 7 of the Act or under Sections 420 and 406 I.P.C. Therefore, continuation of proceedings against the present petitioners is nothing but abuse of process of Court. 7. Accordingly, the Criminal Petition is allowed quashing the proceedings against the present petitioners/A2 to A4 in C.C.No. 337 of 2008 on the file of the Judicial Magistrate of First Class, Bodan. _______________ K.C. BHANU, J August 13, 2010 MD THE HON’BLE SRI JUSTICE K.C. BHANU CRIMINAL PETITION No.1950 OF 2009 August 13, 2010