- 1 - NC: 2025:KHC:11765 CRL.P No. 1766 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 20TH DAY OF MARCH, 2025 BEFORE THE HON'BLE MR JUSTICE HEMANT CHANDANGOUDAR CRIMINAL PETITION NO. 1766 OF 2025 BETWEEN: 1. SRI VIRUPAKSHI S/O DODDA DANGATI, AGED ABOUT 30 YEARS, R/A GUDUDURU VILLAGE, MADAPURA POST, KUSHTAGI TALUK, KOPPAL 583 278. …PETITIONER (BY SRI. PRITHVEESH M K., ADVOCATE) AND: 1. THE STATE BY JAGALUR POLICE STATION, REPRESENTED BY STATE PUBLIC PROSECUTOR, HIGH COURT COMPLEX, BENGALURU 560 001. 2. SRI. VASANTHA KUMAR N, FATHER'S NAME NOT KNOWN TO PETITIONERS, AGED ABOUT 40 YEARS, RESIDING AT JAGALUR TALUK, DAVANAGERE - 577 528. …RESPONDENTS (BY SRI. M V ANOOP KUMAR, HCGP FOR R1 & R2) THIS CRL.P IS FILED U/S 482 CR.P.C (U/S 528 BNSS) PRAYING TO ISSUE WRIT OR ORDER QUASHING THE IMPUGNED FIR REGISTERED BEFORE THE 1st RESPONDENT IN JAGALUR P.S., IN CR.NO.285/2024 AGAINST THE PETITIONER (ACCUSED NOs.1), FOR THE OFFENCES P/U/S 3 AND 7 OF THE ESSENTIAL COMMODITIES ACT, 1955, ANNEXURE A PENDING ON THE FILE OF PRL.CIVIL JUDGE(JR.DN) JMFC COURT Digitally signed by R HEMALATHA Location: HIGH COURT OF KARNATAKA - 2 - NC: 2025:KHC:11765 CRL.P No. 1766 of 2025 JAGALURU DAVANAGERE. ALL FURTHER INVESTIGATION UNDERTAKEN BY THE 1st RESPONDENT POLICE. THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR JUSTICE HEMANT CHANDANGOUDAR ORAL ORDER 1. The petitioner, accused No. 1, who is facing investigation for offences punishable under Sections 3 and 7 of the Essential Commodities Act, 1955, is before this Court seeking relief. 2. The prosecution alleges that, upon receiving credible information that rice meant for distribution under the public distribution system was being transported unauthorizedly, the complainant and his staff intercepted the vehicle and, upon inspection, found that the petitioner was transporting the rice without proper authorization. 3. The learned counsel for the petitioner and the learned High Court Government Pleader for the respondent No. 1 (State) were heard. 4. The Coordinate Bench of this Court in W.P.Nos.36438-439/2014 and W.P.No.36542/2014 (GM-EC) disposed of on 03.12.2014, at Para No.14, has held as under:- "14. In the instant case, petitioners are not authorized dealers. They are not shown to be engaged in purchase, storage or sale of food grains - 3 - NC: 2025:KHC:11765 CRL.P No. 1766 of 2025 which were issued to the authorized dealer for distribution under the public distribution system. Therefore, essential ingredient explicitly stated under Clause 18 (a) i.e., the goods / commodities must have been issued to the authorized dealer under the public distribution system is missing. No finding is recorded by the 1st respondent in this regard. In fact, there is no material whatsoever to indicate this aspect. Therefore, as rightly contended by the learned counsel for the petitioners, unless there is material to show that the commodities were issued to an authorized dealer for distribution under the public distribution system or that a person other than the authorized dealer had sought to purchase or sell or store or offer for sale food grains meant for distribution under public distribution system through the price depots, prohibition contained under Clause 18 (a) of the Control Order would not be attracted. In the absence of such findings such action will not attract penal measure including seizure or forfeiture." 5. In the instant case, the prosecution has not sent the sample of rice seized from the petitioner to the FSL to establish that the rice was intended for distribution under the public distribution system. The petitioner, who is a driver transporting the rice, has annexed a copy of the invoice showing the purchase of the rice from Maruthi Traders, as well as a license issued by the Agricultural Produce Marketing Committee, Manvi, for transporting rice. 6. In the absence of any corroborative material to substantiate that the petitioner was transporting rice intended for distribution under the public distribution system, the continuation of criminal proceedings against the petitioner— - 4 - NC: 2025:KHC:11765 CRL.P No. 1766 of 2025 accused No. 1—would amount to an abuse of the process of law. 7. Accordingly, the petition is allowed. The impugned FIR in Crime No.285/2024 registered by the respondent No.1 pending on the file of the learned Prl. Civil Judge (Jr.Dn.) and JMFC Court, Jagaluru, Davanagere insofar as it relates to the petitioner - accused No.1 herein is hereby quashed. Sd/- (HEMANT CHANDANGOUDAR) JUDGE bkm List No.: 2 Sl No.: 0