- 1 - NC: 2025:KHC-D:3275 CRL.P No. 100237 of 2025 IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH DATED THIS THE 18TH DAY OF FEBRUARY, 2025 BEFORE THE HON'BLE MR. JUSTICE HEMANT CHANDANGOUDAR CRIMINAL PETITION NO. 100237 OF 2025 (482(Cr.PC)/528(BNSS)) BETWEEN: 1. IMAMSAB S/O. MAKTUMSAB GUDAGERI, AGE. 39 YEARS, OCC. BUSINESSMEN, R/AT. ANNIGERI AGASI ONI, NEAR DYAMAVVA TEMPLE, DHARWAD-580024. 2. NASIR @ DADAPEER S/O. HAJARESAB BADIGER, AGE. 36 YEARS, OCC. MASON, R/AT. ANNIGERI HALDODDAR ONI, NEAR CINEMA TALKIES, DHARWAD-580024. 3. HAJARESAB S/O. SHAREEFSAB BADIGER, AGE. 53 YEARS, OCC. GREEN GROCER, R/AT. ANNIGERI MURADKHAN ONI, DHARWAD-580024. 4. DAVALSAB S/O. SHAREEFSAB BADIGER, AGE. 51 YEARS, OCC. GREEN GROCER, R/AT. ANNIGERI MURADKHAN ONI, DHARWAD-580024, NOW R/AT. AMARGOL, PINJAR ONI, HUBBALLI-580025. …PETITIONERS (BY SRI. GOURI SHANKAR MOT, ADVOCATE) AND: THE STATE OF KARNATAKA BENDIGERI POLICE STATION, HUBBALLI, REP. BY ITS STATE PUBLIC PROSECUTOR, HIGH COURT OF KARNATAKA, DHARWAD BENCH, AT. DHARWAD. …RESPONDENT (BY SRI. PRAVEENA Y.DEVAREDDIYAVARA, HCGP) B K MAHENDRAKUMAR Digitally signed by B K MAHENDRAKUMAR Location: HIGH COURT OF KARNATAKA DHARWAD BENCH Date: 2025.02.20 16:40:06 +0530 - 2 - NC: 2025:KHC-D:3275 CRL.P No. 100237 of 2025 THIS CRIMINAL PETITION IS FILED U/S 482 OF CR.P.C. (528 OF BNSS), SEEKING TO, QUASH THE COGNIZANCE DATED 30.10.2021 AGAINST THE ACCUSED NO.1 TO 4/PETITIONERS IN BENDIGERI P.S. CRIME NO.33/2021 PENDING BEFORE THE III ADDL.CIVIL JUDGE AND JMFC, AT HUBBALLI IN CC NO.7762/2021 FOR THE OFFENCES PUNISHABLE U/S 3 AND 7 OF ESSENTIAL COMMODITIES ACT 1955 AND U/S 3(2)(3) AND 18(1) OF KARNATAKA ESSENTIAL COMMODITIES (PUBLIC DISTRIBUTION SYSTEM) PUBLIC CONTROL ORDER 2016. THIS PETITION, COMING ON FOR ADMISSION, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: THE HON'BLE MR. JUSTICE HEMANT CHANDANGOUDAR ORAL ORDER 1. The petitioners/accused Nos. 1 to 4 have been charge- sheeted for offences punishable under Sections 3 and 7 of the Essential Commodities Act, 1955, and Clauses 3(2)(3) and 18(1) of the Karnataka Essential Commodities (PDS) Public Control Order, 2016. 2. The prosecution alleges that on 28.02.2021, based on credible information, a vehicle belonging to accused No. 2, driven by accused No. 1, was intercepted. Upon inspection, it was found that the petitioners/accused were transporting rice meant for distribution under various government schemes, allegedly for unlawful sale in the open market without authorization. 3. Heard the learned counsel for the petitioners and the learned High Court Government Pleader for the respondent/State. - 3 - NC: 2025:KHC-D:3275 CRL.P No. 100237 of 2025 4. Upon interception, the police seized the rice being transported in the vehicle. However: • The police did not send the seized rice to the Forensic Science Laboratory (FSL) to establish that it was intended for distribution under the Public Distribution System (PDS). • The prosecution has not produced any material to prove that the petitioners procured the rice from an authorized fair price shop dealer for distribution to beneficiaries. • In the absence of substantial evidence linking the seized rice to the PDS, prosecuting the petitioners under Sections 3 and 7 of the Essential Commodities Act would amount to an abuse of the process of law. 5. Accordingly, the petition is allowed. The impugned proceedings in CC No. 7762/2021, on the file of the learned III Addl. Civil Judge and JMFC, Hubballi, are hereby quashed. Sd/- (HEMANT CHANDANGOUDAR) JUDGE JTR Ct:vh List No.: 2 Sl No.: 12