- 1 - NC: 2025:KHC:4591 CRL.P No. 2225 of 2024 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 31ST DAY OF JANUARY, 2025 BEFORE THE HON'BLE MR JUSTICE S.R.KRISHNA KUMAR CRIMINAL PETITION NO. 2225 OF 2024 BETWEEN: SRI. MAHESH N S/O LATE NAGARAJU AGED ABOUT 30 YEARS, R/AT MAKALI, NELAMANGALA TALUK BANGALORE RURAL-560 076. …PETITIONER (BY SRI. NAGARAJA N, ADVOCATE) AND: 1. STATE OF KARNATAKA BY HULIYURDURGA POLICE STATION AMRUTHUR CIRCLE SUB-DIVISION TUMKUR DIST, TUMKUR-572 130. REP. BY STATE PUBLIC PROSECUTOR HIGH COURT BUILDING ANNEX BANGALORE-560 001. 2. SRI. SACHIN PRASAD S R FOOD INSPECTOR, FOOD AND CIVIL SUPPLIES DEPARTMENT, KUNIGAL TALUK, TUMKUR DISTRICT-572 130. …RESPONDENTS (BY SRI. THEJESH P, HCGP FOR R1 AND R2) THIS CRL.P IS FILED U/S.482 OF CR.P.C PRAYING TO QUASH THE ENTIRE PROCEEDINGS IN CR.NO.121/2022, FILED BEFORE HULIDURGA P.S., PENDING ON THE FILE OF SENIOR CIVIL JUDGE AND J.M.F.C., KUNIGAL FOR THE OFFENCE P/U/S Digitally signed by MAYAGAIAH VINUTHA Location: HIGH COURT OF KARNATAKA - 2 - NC: 2025:KHC:4591 CRL.P No. 2225 of 2024 420 OF IPC AND SEC. 3 AND 7 OF ESSENTIAL COMMODITIES ACT. THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR JUSTICE S.R.KRISHNA KUMAR ORAL ORDER In this petition, the petitioner seeks following reliefs: "a) Call for records in Crime No.121/2022 filed before Huliyurdurga P.S., pending on the file of the Senior Civil Judge and JMFC at Kunigal for the offences punishable under Section 420 of Indian Penal Code-1860 and under Section 3 & 7 of Essential Commodities Act, 1955 b) Quash the entire proceedings in Crime No.121/2022 fled by Hulyurdurga P.S., pending on the file of the Senior Civil Judge and JMFC at Kunigal for the offences punishable under Section 420 of Indian Penal Code-1860 and under Section 3 & 7 of Essential Commodities Act, 1955 c) Further be pleased to grant any other relief/reliefs that this Hon'ble Court deems fit under the facts and circumstances of the case with costs of these proceedings, in the interest of justice and equity." - 3 - NC: 2025:KHC:4591 CRL.P No. 2225 of 2024 2. Heard learned counsel for the petitioner and learned HCGP for the respondents and perused the material on record. 3. A perusal of the material on record will indicate that on 07.08.2022, respondent No.2-complainant, who is the Food Inspector of Food and Civil Supply Department, filed a complaint against the petitioner and other accused persons inter alia contending that lorry bearing No.KA-01-AJ-2829, which was being driven by the petitioner-accused No.1, was intercepted and during the course of search and seizure, 77,500 kgs of rice was seized from the vehicle, which was driven by the petitioner. Accused No.2 is said to be the owner of the lorry, while accused No.3 is said to be the owner of the goods. According to respondent No.2, the said goods found in the lorry at the time of interception was meant for public distribution and since the petitioner was guilty of attempting to sell the same in the black market, the petitioner had committed offences under Sections 3 and 7 of the Essential Commodities Act, 1955 (for short 'the Act, 1955) read with Section 420 of IPC and as such, the respondent instituted the impugned proceedings against the petitioner and other accused persons. - 4 - NC: 2025:KHC:4591 CRL.P No. 2225 of 2024 4. A perusal of the material on record including the provisions contained in Sections 3 and 7 of the Act, 1955 as well as Section 420 of IPC will indicate that in the absence of any material to establish either in the complaint or otherwise that the petitioner had colluded along with the owner of the lorry or the owner of the goods for the purpose of committing any offence, the petitioner being merely a lorry driver cannot be incriminated for the offences punishable under the Act of 1955 or under Section 420 of IPC especially when the seizure mahazar and other material does not disclose commission of any offences by the petitioner. 5. Under these circumstances, the petitioner being merely a lorry driver at the time of the impugned search and seizure and lodgement of the complaint, I am of the view that continuation of the impugned proceedings qua the petitioner- accused No.1 would amount to abuse of process of law warranting interference by this Court in the present petition. 6. In the result, the following: ORDER i) The criminal petition is allowed. - 5 - NC: 2025:KHC:4591 CRL.P No. 2225 of 2024 ii) The entire proceedings in Crime No.121/2022 registered for the offences punishable under Sections 3 and 7 of the Essential Commodities Act, 1955 and Section 420 of IPC by respondent-Police, qua the petitioner, are hereby quashed. SD/- (S.R.KRISHNA KUMAR) JUDGE VM List No.: 2 Sl No.: 12