- 1 - NC: 2025:KHC:17817 CRL.P No. 5567 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 24TH DAY OF APRIL, 2025 BEFORE THE HON'BLE MR JUSTICE HEMANT CHANDANGOUDAR CRIMINAL PETITION NO. 5567 OF 2025 BETWEEN: 1. SRI. SHAIK MARKHOOM AHEMD, S/O. SHAIK NOOR MOHAMAD, AGED ABOUT 57 YEARS, OWNER OF THE VEHICLE, R/O.BESIDE SARVODHAYA COLL, RT.NAGARA, TUMKUR TOWN, DISTRICT TUMKUR – 572 101. 2. SRI. MOHAMAD NASIR, S/O. MAHAMAD GHOUSE, AGED ABOUT 50 YEARS, DRIVER OF THE VEHICLE, R/O. SIRA GATE HOMBAIHNAPALYA VILLAGE, TUMKUR TOWN, DISTRICT TUMKUR – 572 101. 3. SHAFEEQ AHAMED, S/O MOHAMAD ZAHEERUDDIN, AGED ABOUT 53 YEARS, DRIVER OF THE VEHICLE R/O 4TH CROSS, P H COLONY, TUMKUR TOWN, DIST-TUMKUR - 572 101. …PETITIONERS (BY SRI. VASANTHAKUMAR K.M, ADVOCATE) AND: Digitally signed by R HEMALATHA Location: High Court of Karnataka - 2 - NC: 2025:KHC:17817 CRL.P No. 5567 of 2025 1. THE STATE OF KARNATAKA, REPTD. SIRA POLICe STATION, SIRA, DIST: TUMKUR, NOW REPRESENTED BY STATE P.P., HIGH COURT OF KARNATAKA BUILDING, BENGALURU - 560 001. 2. SMT. SUJATHA S.R AGED ABOUT 50 YEARS, FOOD INSPECTOR, SIRA TOWN, SIRA TALUK, TUMKUR DISTRICT - 572 137. …RESPONDENTS (BY SRI. M.R. PATIL, HCGP) THIS CRL.P IS FILED U/S 482 OF CR.PC (FILED U/S 528 BNNS) PRAYING TO I. QUASH THE ENTIRE PROCEEDINGS IN C.C NO.4183/2022 PENDING BEFORE PRL.CIVIL JUDGE AND JMFC COURT, SIRA, TUMKUR DISTRICT FILED UNDER SEC.3 AND 7 OF THE ESSENTIAL COMMODITIES ACT, 1955 SO FAR AS PETITIONERS HEREIN CONCERN, BEING TOTALLY ARBITRARY, ERRONEOUS WITHOUT JURISDICTION AND AMOUNTING TO ABUSE OF PROCESS OF COURT. THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR JUSTICE HEMANT CHANDANGOUDAR ORAL ORDER Learned HCGP accepts notice for respondent No.1. 2. The petitioners who are charge-sheeted for the offence punishable under Sections 3 and 7 of the Essential Commodities Act, 1955 are before this Court seeking the relief. - 3 - NC: 2025:KHC:17817 CRL.P No. 5567 of 2025 3. The prosecution alleges that on receiving credible information that the rice meant for distribution under the Public Distribution Scheme (PDS) was being transported unauthorizedly. The vehicle was intercepted, and upon search it was discovered that the rice/food grains meant for distribution under the PDS was transported unauthorizedly without permit and valid licence. 4. Heard the learned counsels for the petitioners and learned HCGP for the respondent-State. 5. The prosecution after seizing the rice/food grains from the accused has not sent the sample of the rice to the Forensic Science Laboratory for testing to establish that the rice seized were meant for distribution under the PDS. The prosecution has also not placed any material to substantiate that the petitioners procured the rice from the dealer who are authorized to distribute the rice meant for public distribution under the PDS. 6. The Coordinate Bench of this Court in W.P.No.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 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 - 4 - NC: 2025:KHC:17817 CRL.P No. 5567 of 2025 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." 21. Perusal of the charge sheet material indicates that, the allegation against the accused herein is that, they were transporting the food grains meant for distribution under PDS unauthroizedly. The charge sheet material does not disclose as to where the accused procured the food grains meant for distribution under PDS, and also no material is placed that, the seized food grains were meant for distribution under PDS. In the absence of any material that, the seized food grains were meant for distribution under PDS, the registration of FIR culminating in laying the charge sheet stands vitiated. 22. The Food Inspector is only authorized to conduct search and seizure of the food grains meant for distribution under PDS as specified under Rule 19 of the Control Order, 2016. If a person is transporting rice which is notified as an essential commodity without permit, it is for the police concerned to seize the same by following due process of law.” - 5 - NC: 2025:KHC:17817 CRL.P No. 5567 of 2025 7. In the instant case, there is no substantive evidence to establish that the rice/food grains transported by the petitioner-accused No.1 were meant for distribution under the Public Distribution Scheme, and so also there is no material to establish that the petitioner-accused No.2 is the authorized dealer for distribution of the rice meant for distribution under the PDS, and if the petitioners were transporting the rice/food grains unauthorizedly without valid licence or permit, it was for the concerned Police Inspector to conduct search and seizer under the Karnataka Essential Commodities Act, 1955, by following due process of the law. ORDER i. Criminal petition is allowed. ii. The impugned proceedings in C.C.No.4183/2022 on the file of Prl. Civil Judge and JMFC Court, Sira, Tumkuru District is hereby quashed. Sd/- (HEMANT CHANDANGOUDAR) JUDGE RKA List No.: 1 Sl No.: 68 CT: BHK