1 HN, J Crlp.No.5160_2025 APHC010244052025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3457] WEDNESDAY ,THE SEVENTH DAY OF MAY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE HARINATH.N CRIMINAL PETITION NO: 5160/2025 Between: Anthony Vijay Kumar ...PETITIONER/ACCUSED AND The State Of Andhra Pradesh and Others ...RESPONDENT/COMPLAINANT(S) Counsel for the Petitioner/accused: 1. MARELLA RADHA Counsel for the Respondent/complainant(S): 1. PUBLIC PROSECUTOR 2 HN, J Crlp.No.5160_2025 The Court made the following Order: 1. The petitioner is the driver of a lorry bearing No.TN 36AV 5996 and was found transporting PDS rice belonging to M/s.Basaveswara Agro Rice Industries from Karnataka State to Kakinada It is alleged that there were documents for transporting the rice. The Sub-Inspector of Police, Patamata Police Station, Vijayawada City, found the lorry with a load of 500 bags of rice, immediately collected samples, and sent the same to the District Magistrate, Andhra Pradesh State Civil Supplies Corporation. The District Manager reverted with a report specifying that it was not possible to distinguish between PDS rice and other rice; hence, the Corporation would not issue any such certificate. The Sub- Inspector of Police thereafter sent the report to the Assistant Civil Supplies Officer, Vijayawada, for further action. The Assistant Civil Supplies Officer, seized the rice with the assistance of other officials, in the presence of mediators. As such, an FIR was filed, and the investigation is complete. A charge sheet has been filed alleging offences under Section 379 and 420 of the IPC and Section 7 of Essential Commodities Act, 1955. 2. The learned counsel for the petitioner submits that when the District Manager could not issue a certificate specifying or certifying whether the rice found in the lorry was PDS rice or regular rice available in the market, and an offence under Section 379 of the IPC would not be made out against the petitioner. Section 420 of the IPC is equally not applicable. It is further submitted that the petitioner is also charged with committing an offence under 3 HN, J Crlp.No.5160_2025 Section 7 of the Essential Commodities Act, 1955. It is submitted that the petitioner is merely a lorry driver and only executes the orders of the consignor. As seen from the charge sheet, except for stating that the District Manager, Andhra Pradesh State Civil Supplies Corporation, had sent a reply on 28.02.2022 stating that the sample was not within the limits as per the specifications of the Government of India with respect to damage, rice ageing, and refractions, and that it is not possible to distinguish between PDS and other rice, the District Manager refused to issue a certificate certifying the rice as PDS rice. In such scenario, the police could not have registered a case under Section 379 of the IPC against the petitioner. They also could not also have alleged offences under Section 420 of the IPC or Section 7 of the Essential Commodities Act, 1955. 3. Heard the learned Assistant Public Prosecutor perused the record. Nothing on record would indicate the commission of offences under Sections 379 or 420 of the IPC. Admittedly, the petitioner is the driver of the lorry. LW1 and LW2 participated in the seizure of rice. LW3 speaks of the assistance rendered during seizure of rice. LW5 is the Sub-Inspector of Police who registered the crime. None of the witnesses speak about the commission of offences under Sections 379 or 420 of the IPC, or Section 7 of the Essential Commodities Act, 1955. 4 HN, J Crlp.No.5160_2025 4. With this material, no judicial purpose would be served if the matter is relegated to trial. On these grounds CC.No.5767 of 2022 on the file of IV Additional Chief Metropolitan Magistrate, Vijayawada, is hereby quashed. 5. Accordingly, the Criminal Petition is disposed off. As a sequel, pending miscellaneous petitions, if any, shall stand closed. ___________________ JUSTICE HARINATH.N Date: 07.05.2025 NKA 5 HN, J Crlp.No.5160_2025 52 HONOURABLE SRI JUSTICE HARINATH.N Criminal Petition No.5160 of 2025 Date: 07.05.2025 NKA