- 1 - NC: 2025:KHC-D:698 CRL.P No. 100118 of 2025 IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH DATED THIS THE 17TH DAY OF JANUARY, 2025 BEFORE THE HON'BLE MR JUSTICE HEMANT CHANDANGOUDAR CRIMINAL PETITION NO.100118 OF 2025 (482(Cr.PC)/528(BNSS)) BETWEEN: 1. ASHPAK S/O. SULEMAN MULLA AGE. 26 YEARS, OCC. BUSINESS, R/O. RABAKAVI BARPETH GALLI, TQ. RABAKAVI-BANAHATTI, DIST. BAGALKOT-587314. 2. MUSTAK URF MOHAMMADMUSTAFA S/O. SULEMAN MULLA, AGE. 35 YEARS, OCC. BUSINESS, R/O. RABAKAVI BARPETH GALLI, TQ. RABAKAVI-BANAHATTI, DIST. BAGALKOT-587314. …PETITIONERS (BY SRI. SHRIKANT T. PATIL, ADVOCATE) AND: THE STATE OF KARNATAKA, R/BY TERDAL P.S., BANAHATTI CIRCLE, DIST. BAGALKOT, REPRESENTED BY ITS STATE PUBLIC PROSECUTOR, HIGH COURT OF KARNATAKA, DHARWAD BENCH AT DHARWAD. …RESPONDENT (BY SRI. T.HANUMAREDDY, ADDL. GOVT. ADVOCATE) THIS CRIMINAL PETITION IS FILED U/S 482 OF CR.P.C., (U/S. 528 OF BNSS, 2023) SEEKING THAT THE CHARGE SHEET SUBMITTED IN TERDAL P.S. CRIME NO 85/2021 FOR THE OFFENCE P/U/SEC. 3 AND 7 OF ESSENTIAL COMMODITIES ACT 1995 WHICH IS REGISTERED AS C.C.NO. 346/2022 ON THE FILE OF SENIOR CIVIL JUDGE AND JMFC BANAHATTI AGAINST PETITIONER NO.1 AND 2 (ACCUSED NO.2 AND 3) BE QUASHED. B K MAHENDRAKUMAR Digitally signed by B K MAHENDRAKUMAR Location: HIGH COURT OF KARNATAKA DHARWAD BENCH Date: 2025.01.22 15:00:42 +0530 - 2 - NC: 2025:KHC-D:698 CRL.P No. 100118 of 2025 THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: THE HON'BLE MR JUSTICE HEMANT CHANDANGOUDAR ORAL ORDER Sri T. Hanumareddy, learned Additional Government Advocate, accepts notice for the respondent-State. 2. The petitioners/accused Nos. 2 and 3 are sought to be prosecuted for offences punishable under Sections 3 and 7 of the Essential Commodities Act, 1955. 3. The case of the prosecution is that, on receiving credible information that accused No. 1 had stacked food grains meant for distribution under the Public Distribution System (PDS) unauthorisedly in a godown belonging to him on 31.10.2021, a raid was conducted. During the search, it was discovered that the petitioners/accused had stacked 27 tons, 1 quintal, and 90 kg of rice unauthorisedly. 4. Heard the learned counsel for the petitioners and the learned Additional Government Advocate for the respondent-State. 5. Admittedly, the rice seized from the godown of accused No. 1 was not sent to the Forensic Science Laboratory to establish that the rice seized was intended for distribution under the Public Distribution System. In the absence of any substantial evidence to establish that the rice seized was meant for distribution under the Public Distribution System, the petitioners cannot be - 3 - NC: 2025:KHC-D:698 CRL.P No. 100118 of 2025 prosecuted for offences punishable under Sections 3 and 7 of the Essential Commodities Act. 6. Hence, I pass the following: ORDER i) Accordingly, the criminal petition is allowed. ii) The impugned criminal proceedings in C.C. No.346/2022 pending on the file of the Senior Civil Judge and JMFC, Banahatti, insofar as it relates to petitioners/accused Nos.2 and 3, is hereby quashed. Sd/- (HEMANT CHANDANGOUDAR) JUDGE KMS Ct:vh List No.: 2 Sl No.: 8