- 1 - HC-KAR NC: 2025:KHC-K:3602 CRL.RP No. 200075 of 2022 IN THE HIGH COURT OF KARNATAKA, KALABURAGI BENCH DATED THIS THE 02ND DAY OF JULY, 2025 BEFORE THE HON'BLE MR. JUSTICE V SRISHANANDA CRIMINAL REVISION PETITION No.200075 OF 2022 (397(Cr.PC)/438(BNSS)) BETWEEN: 1. SULTAN S/O JAINUDDIN, AGE:43 YEARS OCC:DRIVER, R/O. MANNAEKHELLI TQ. HUMNABAD, DIST. BIDAR-585201. 2. KHALEEL S/O SADAK ALI AHMED CHAKRAPALIWADE, AGE:43 YEARS, OCC:BUSINESS, R/O. CHITGUPPA, TQ. HUMNABAD, DIST. BIDAR-585201. …PETITIONERS (BY SRI ABDUL RAHEMAN, ADVOCATE APPEARED FOR SRI. LIYAQAT FAREED USTAD, ADVOCATE) AND: THE STATE THROUGH, MANNAEKHELLI POLICE STATION, REP. BY ASST. PUBLIC PROSECUTOR, HIGH COURT KALABURAGI BENCH-585107. …RESPONDENT (BY SRI. JAMADAR SHAHABUDDIN, HCGP) THIS CRL.RP IS FILED U/S.397 OF CR.P.C PRAYING TO SET ASIDE THE ORDER DATED 11.09.2020 PASSED BY THE COURT OF PRL. DISTRICT AND SESSIONS JUDGE AT BIDAR IN CRL. A. No. 12/ 2018 BY CONFIRMING THE ORDER DATED 11.01.2018 PASSED BY THE II ADDL. CIVIL JUDGE AND JMFC-II BIDAR IN CRL. CASE NO.1841/2015. Digitally signed by RENUKA Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC-K:3602 CRL.RP No. 200075 of 2022 THIS PETITION, COMING ON FOR FINAL HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE V SRISHANANDA ORAL ORDER (PER: HON'BLE MR. JUSTICE V SRISHANANDA) Heard Sri Abdul Raheman, advocate for Sri Liyaqat Fareed Ustad, learned counsel for the petitioners and Smt.Arati Patil, learned High Court Government Pleader for the State. 2. Revision Petitioners are the accused who suffered an Order of conviction in C.C.No.1841/2015 dated 11.01.2018 on the file of the II Addl. Civil Judge and JMFC-II, Bidar, for the offence punishable under Sections 3 and 7 of the Essential Commodities Act and sentenced as under: “In exercising the powers conferred under Section 255(2) of Code of Criminal Procedure the accused No.1 and 2 are found guilty for the offence punishable under Section 3 read with Section 7 of the Essential of Commodities Act. The Accused no.1 and 2 are shall undergo simple imprisonment for a term of one year for the offence punishable under Section 3 read with Section 7 of Essential Commodities Act and pay fine amount of Rs.5,000/- each. In default of paying fine amount they shall go simple imprisonment for the term of one month.” - 3 - HC-KAR NC: 2025:KHC-K:3602 CRL.RP No. 200075 of 2022 3. Validity of the Order of conviction was challenged in Crl.A.No.12/2018 on the file of the Prl. District and Sessions Judge, Bidar. Learned Judge in the First Appellate Court after securing the records heard the parties in detail and by considered judgment dated 11.09.2020 dismissed the appeal. 4. Being further aggrieved by the same, accused are before this Court. 5. Gist of the case of the prosecution is that the revision petitioners were caught hold by the police when blue kerosene meant for public distribution to the tune of 400 litres was being transported in a goods vehicle on 01.04.2015. 6. Admittedly, revision petitioners did not possess any pass or permit for transporting such a huge quantity of blue kerosene which was meant for public distribution. Therefore, same was seized under panchanama. Thereafter, case was registered and after thorough investigation, charge sheet came to be filed. 7. Seizure of blue kerosene is depicted by placing written panchanama on record. Samples were drawn. Same were sent - 4 - HC-KAR NC: 2025:KHC-K:3602 CRL.RP No. 200075 of 2022 to chemical examiner who has confirmed that seized sample tallied with the remaining quantity of kerosene and it was meant for public distribution. Absolutely there was no defence raised on behalf of the accused. 8. Thereafter, learned Trial Judge on overall consideration of the material evidence placed on record, convicted the accused for the offence punishable under Sections 3 and 7 of the Essential Commodities Act and sentenced the accused as referred to supra by granting minimum punishment prescribed under the statute. 9. Learned Judge in the First Appellate Court rightly re- appreciated the material evidence on record and noted that in the absence of any appeal filed by the State, there cannot be any enhancement of sentence for proved offences and rightly rejected the appeal. 10. This Court in the limited revisional jurisdiction took into consideration the arguments put forth on behalf of the revision petitioners and is of the considered opinion that in the absence of any pass or permit to transport the blue kerosene possessed - 5 - HC-KAR NC: 2025:KHC-K:3602 CRL.RP No. 200075 of 2022 by the accused, that too, to the tune of 400 litres in a goods vehicle itself completes the offence under Sections 3 and 7 of the Essential Commodities Act. 11. Admittedly, blue kerosene is an essential commodity classified under the Act meant for poor people for being sold on subsidized price. 12. Therefore, Order convicting the revision petitioners and sentencing to undergo one year imprisonment for the proved offence, in the considered opinion of this Court, that too in revisional jurisdiction, does not require any interference whatsoever. 13. Accordingly, the following: ORDER (i) Revision Petition is meritless and is hereby dismissed. (ii) Time is granted for the revision petitioners to surrender before the Trial Court for serving remaining part of the sentence, till 30th July 2025. Sd/- (V SRISHANANDA) JUDGE kcm List No.: 1 Sl No.: 65 CT:PK