IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.SASIDHARAN NAMBIAR TUESDAY, THE 16TH FEBRUARY 2010 / 27TH MAGHA 1931 Crl.MC.No. 267 of 2010() ----------------------------------- CRIME NO.779/2009 OF PARAVOOR POLICE STATION, KOLLAM. .......... PETITIONER(S): 1ST ACCUSED ------------------------ SANTHA DEVI, AMBALATHUM VEEDU, KOTTAPPURAM CHERRY, KOTTAPPURAM VILLAGE, PARAVOOR, KOLLAM DISTRICT. BY ADVS.MR.SHABU SREEDHARAN MR.N.A.JOHN JACOB RESPONDENT(S): COMPLAINANT -------------------------- STATE OF KERALA, REPRESENTED BY THE SUB INSPECTOR OF POLICE, PARAVOOR POLICE STATION, KOLLAM, THROUGH THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA AT ERNAKULAM. PUBLIC PROSECUTOR MR.K.S.SIVAKUMAR THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 16/02/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: tss M.SASIDHARAN NAMBIAR,J. ======================== Crl.M.C No.267OF 2010 ==================== Dated this the 16th day of February, 2010. O R D E R The petitioner is the first accused in Crime No.779/2009 of Paravoor Police Station registered under Section 5(a) of Rationing order, 1996 r/w Sections 3 and 7 of the Essential Commodities Act. The prosecution case is that on 14.12.2009 at about 4.20 A.M, the police party found a vehicle goods auto rickshaw stopped near ration shop No. ARD-230 and the shutters of the ration shop half opened and a person transporting bags from the ration shop to the vehicle. Finding the police party the woman who was standing inside the shop closed the shutters. After preparing the mahazar 10 bags containing 50 kilogram of wheat each were seized and case was registered. The petitioner is the licensee of the ration shop. The petition is filed under Section 482 of the Code of Criminal Procedure to quash Annexure-A8 final report contending that no offence is made out and there for it is to be quashed. Crl.M.C No.267OF 2010 2 2. The learned counsel appearing for the petitioner and learned Public Prosecutor were heard. 3. The argument of the learned counsel is that Annexure-5 stock report of the Rationing Inspector shows that there was no shortage of the ration articles in the ration shop and there is no evidence to prove that the bags of wheat seized were taken from the ration shop of the petitioner. 4. The learned Public Prosecutor pointed out that the auto rickshaw was parked near the ration shop of the petitioner at 4.30 A.M in the morning and shutters of the ration shop was found half opened and bags from the ration shop were being taken to the auto rickshaw. In the light of these allegations born out by the mahazar, I do not find that the case is to be quashed as sought for. Petitioner is at liberty to seek an order of discharge under Section 239 of Code of Criminal Procedure. The petition is dismissed. M.SASIDHARAN NAMBIAR,JUDGE. mns Crl.M.C No.267OF 2010 3