Case Note & Summary
The petitioners, Bhimrao Ram Waghmare (driver) and Sushil Bhaguram Mohite (son of the proprietor of Mangal Traders), filed a criminal writ petition under Section 482 of the Code of Criminal Procedure, 1973, seeking quashing of FIR No. 0023 of 2017 registered at Ausa Police Station, Latur, for offences under Sections 3 and 7 of the Essential Commodities Act, 1955. The FIR alleged that on 21 January 2017, the police received secret information that wheat belonging to the Civil Supplies Department was being transported in a truck from Latur to Sangli. The truck was intercepted, and 360 bags of wheat (50 kg each) were seized. The driver (petitioner No. 1) stated that the wheat was loaded by Mangal Traders, Latur. The petitioners argued that they had no connection with the alleged offence: petitioner No. 1 was merely the driver, and petitioner No. 2 was not involved in the business of Mangal Traders, which was run by his parents. They contended that the wheat was purchased by Mangal Traders from APMC, Latur, through legitimate transactions. The court, after hearing arguments, found that the FIR did not disclose any prima facie case against the petitioners. The allegations did not show that the petitioners had any knowledge or involvement in the alleged illegal transport of ration shop wheat. The court quashed the FIR and all proceedings arising therefrom, holding that continuation of proceedings would be an abuse of process of law.
Headnote
A) Criminal Procedure Code - Quashing of FIR - Section 482 CrPC - Inherent Powers - The High Court can quash an FIR if no prima facie case is made out against the accused. The court examined whether the allegations in the FIR and material on record disclosed any offence against the petitioners. (Paras 2-4) B) Essential Commodities Act - Offence under Sections 3 and 7 - Mens Rea - The mere fact that wheat bags were being transported does not automatically implicate the driver or a person unrelated to the ownership of the goods. The court held that the petitioners, being the driver and a person not connected with the consignment, cannot be held liable without evidence of their involvement. (Paras 2-4)
Issue of Consideration
Whether the FIR against the petitioners under Sections 3 and 7 of the Essential Commodities Act should be quashed for lack of prima facie evidence connecting them to the alleged offence.
Final Decision
The court quashed the FIR No. 0023 of 2017 registered at Ausa Police Station, Latur, and all proceedings arising therefrom, holding that no prima facie case was made out against the petitioners.
Law Points
- Quashing of FIR under Section 482 CrPC
- Essential Commodities Act Sections 3 and 7
- Prima facie case requirement
- Vicarious liability
