- 1 - NC: 2025:KHC-K:2518 CRL.P No. 200700 of 2025 IN THE HIGH COURT OF KARNATAKA, KALABURAGI BENCH DATED THIS THE 26TH DAY OF APRIL, 2025 BEFORE THE HON'BLE MR. JUSTICE S RACHAIAH CRIMINAL PETITION NO. 200700 OF 2025 (482(Cr.PC)/528(BNSS)) BETWEEN: 1. GURURAJ SHETTY S/O HANUMANTHARYYA SHETTY, AGE:40 YEARS, OCC: OWNER OF MARUTI TRADERS, R/O. POTHANAL VILLAGE, TQ.MANAVI, DIST.RAICHUR–584123. 2. NAGARAJ GUBBI S/O PANDAPPA, AGE:40 YEARS,OCC: BUSINESS, R/O. MASKI, TQ.LINGASUGUR, DIST. RAICHUR-584101. 3. MANJUNATH S/O BASAVARAJ, AGE:35 YEARS, OCC: BUSINESS, R/O. MASKI, TQ.LINGASUGUR, DIST.RAICHUR-584101. 4. KALIYAPPAN S/O CHINNU, AGE:50 YEARS, OCC: DRIVER, R/O. VEPLAPATTI VILLAGE, TQ.VAJAPADI, DIST.SELAM TAMILNADU-600001. …PETITIONERS (BY SRI. SATHISHKUMAR D. GADKAR, ADVOCATE) Digitally signed by RENUKA Location: HIGH COURT OF KARNATAKA - 2 - NC: 2025:KHC-K:2518 CRL.P No. 200700 of 2025 AND: 1. STATE OF KARNATAKA, BY MASKI POLICE STATION, MASKI, REPRESENTED BY STATE PUBLIC PROSECUTOR, HIGH COURT OF KARNATAKA, KALABURAGI-585107. 2. ABDUL RAUF AGE:58 YEARS, OCC: FOOD INSPECTOR, LINGASUGUR, TQ.LINGASUGUR, DIST.RAICHUR-584101. …RESPONDENTS (BY SRI GOPALKRISHNA B.YADAV, HCGP) THIS CRL.P IS FILED U/S.482 OF CR.P.C. (OLD) U/SEC 528 OF BNSS, PRAYING TO, QUASH THE COMPLAINT AND FIR REGISTERED AGAINST THE PETITIONERS/ACCUSED REGISTERED IN MASKI POLICE STATION CRIME NO.54/2025 PENDING ON THE FILE OF CIVIL JUDGE AND JMFC COURT MASKI, RAICHUR DISTRICT FOR THE OFFENCES PUNISHABLE UNDER SECTIONS 3 AND 7 OF ESSENTIAL COMMODITIES ACT AND SECTIONS 18, 3(2)(3) OF PDS CONTROLLING ACT 2016. AND GRANT SUCH OTHER RELIEF’S AS DEEMED FIT IN THE CIRCUMSTANCES OF THE CASE. THIS PETITION, COMING ON FOR ADMISSION, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE S RACHAIAH ORAL ORDER (PER: HON'BLE MR. JUSTICE S RACHAIAH) Though the matter is listed for admission, with the consent of learned counsel for the parties, the same is taken up for final disposal. - 3 - NC: 2025:KHC-K:2518 CRL.P No. 200700 of 2025 2. This petition is filed by the petitioners/accused Nos.1 to 4 seeking to quash the FIR and complaint registered in Crime No.54/2025 by Maski Police Station, Raichur District, pending on the file of the Civil Judge and JMFC, Maski, District Raichur, for the offences punishable under Sections 3 and 7 of the Essential Commodities Act, 1955 and Sections 18(1), 3(2)(3) of the Karnataka Essential Commodities (Public Distribution System) Public Control Order 2016. 3. Factual matrix of the case: It is the case of the prosecution that the Food Inspector, Lingasugur, lodged a complaint stating that he had received an information, on 07.04.2025 around about 12.00 a.m., in the midnight, to the effect that a lorry loaded with PDS rice was proceeding on the road from Maski to Pothnal side. He secured panchas and also taking the assistance of the respondent-Police went to Kavithal cross and were waiting for the arrival of the said lorry. As they expected, Ashok Leyland lorry came on the said road. - 4 - NC: 2025:KHC-K:2518 CRL.P No. 200700 of 2025 The complainant and other officials stopped the lorry and enquired the driver as to where he is transporting the rice packets. The complainant was informed that it was being transported to Selam by taking the same from one Nagaraj Gubbi S/o Pandappa of Maski. The complainant and his staff after apprehending the lorry, verified the rice packets and found that it was PDS rice. Thereafter, conducted search, seized 138 quintals of rice worth of which is Rs.2,07,000/- and took the lorry to their possession. Based on the complaint, the respondent-Police have registered the case and they are conducting investigation. The investigation is under progress. 4. Heard Sri.Sathishkumar D.Gadkar, learned counsel for the petitioners and Sri.Gopalkrishna B.Yadav, learned High Court Government Pleader for the respondents. 5. It is the submission of the learned counsel for the petitioners that petitioner Nos.1 to 3 are businessmen and petitioner No.4 is the driver. They have produced two - 5 - NC: 2025:KHC-K:2518 CRL.P No. 200700 of 2025 documents annexed to the petition and they are marked as document Nos.3 and 4 which show that petitioner No.1 is the proprietor of Pavan Trading Company and he had permit to transport the notified agricultural produce namely, rice and also produced the bill. Inspite of having produced these documents, the same have not been considered by the complainant and he has filed false case etc. 6. It is further submitted that since the documents would indicate that petitioners were validly transporting the said rice, ingredients of Sections 3 and 7 of the Essential Commodities Act would not be applicable. Therefore, the FIR registered against the petitioners has to be quashed. Making such submissions, he prays to allow the petition. 7. Per contra, learned High Court Government Pleader vehemently submitted that even though the documents have been produced before this Court, the scope of inherent jurisdiction is narrow to verify the - 6 - NC: 2025:KHC-K:2518 CRL.P No. 200700 of 2025 authenticity of those documents. Therefore, the petitioners may be directed to produce those documents before the respondent-Police. The respondent-Police would verify the authenticity of the documents thereof and they would file necessary report. Making such submissions, he prays to reject the petition. 8. Having heard the learned counsel for the respective parties and also perused the averments of the complaint, though it appears from the records that the petitioners were transporting the rice without showing any valid documents to the complainant, the fact remains that, the petitioners have annexed two documents as document Nos.3 and 4 to the petition to substantiate that they have been authorized to transport the rice. However, those documents cannot be considered by this Court without verifying its authenticity. Therefore, it is appropriate to direct the petitioners herein to produce those documents before the respondent-Police with a direction to verify its authenticity. If the respondent-Police are satisfied after - 7 - NC: 2025:KHC-K:2518 CRL.P No. 200700 of 2025 considering those documents, the appropriate report shall be filed within two months from the date of production of those documents before the respondent-Police. 9. In the light of the observations made above, the petition stands disposed of. Ordered accordingly. In view of disposal of the main petition, I.A.No.1/2025 does not survive for consideration. Sd/- (S RACHAIAH) JUDGE NB List No.: 1 Sl No.: 27 CT:PK