- 1 - NC: 2025:KHC-D:1920 CRL.P No. 100090 of 2025 IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH DATED THIS THE 30TH DAY OF JANUARY, 2025 BEFORE THE HON'BLE MR. JUSTICE HEMANT CHANDANGOUDAR CRIMINAL PETITION NO. 100090 OF 2025 (482(Cr.PC)/528(BNSS)) BETWEEN: 1. SHRIDHAR S/O. RAGHAVENDRA TEGUR AGE. 24 YEARS, OCC. DRIVER, R/O. SAVADI POST SAVADI, TQ. RON, DIST. GADAG-582209. 2. SHIVAKUMAR S/O. SHANKARAPPA HOMBALLI AGE. 25 YEARS, OCC. AGRICULTURE, R/O. ABBIGERI, POST ABBIGERI, TQ. RON, DIST. GADAG-582201. …PETITIONERS (BY SRI. H.N.GULARADDI, ADVOCATE) AND: 1. THE STATE OF KARNATAKA REPRESENTED BY POLICE INSPECTOR, RON, ITS REPRESENTED BY ADDL. SSP, HIGH COURT OF KARNATAKA AT DHARWAD, DIST. DHARWAD-580001. 2. SUVARNA MUKKANNA JAMMANAKATTI AGE. 38 YEARS, OCC. FOOD INSPECTOR, R/O. FOOD INSPECTOR RON, TQ. RON, DIST. GADAG-582209. …RESPONDENTS (BY SRI. ASHOK T.KATTIMANI, ADDL. GOVT. ADVOCATE) THIS CRIMINAL PETITION IS FILED U/S 482 OF CR.P.C. (528 OF BNSS), PRAYING TO, QUASH THE FIR, COMPLAINT AND CHARGE SHEET FILED AGAINST THE PETITIONERS/ACCUSED NO.1 AND 2 FOR THE OFFENCES PUNISHABLE U/S 3 AND 7 OF ESSENTIAL COMMODITIES ACT, 1955 AND U/S 18 OF PDS CONTROLLING ORDER 1992 UNDER THE NAREGAL P.S. CRIME NO.22/2024 AND WHICH WAS REGISTERED AS CC NO.998/2024 PENDING BEFORE THE PRL.CIVIL JUDGE AND JMFC, RON. Digitally signed by B K MAHENDRAKUMAR Location: HIGH COURT OF KARNATAKA DHARWAD BENCH Date: 2025.02.05 12:54:29 +0530 - 2 - NC: 2025:KHC-D:1920 CRL.P No. 100090 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 1. The petitioners/accused are being prosecuted for offences punishable under Sections 3 and 7 of the Essential Commodities Act, 1955 and Section 18 of the Public Distribution System (Control) Order, 1992. 2. The case of the prosecution is that, upon receiving credible information, the Food Inspector intercepted the petitioners’ vehicle and, upon conducting a search, discovered that the petitioners/accused were transporting rice meant for distribution under the Public Distribution System (PDS) without proper authorization. 3. Heard the learned counsel for the petitioners and the learned Additional Government Advocate for respondent No.1- State. 4. A perusal of the petition reveals that the prosecution alleges that the petitioners, by transporting rice meant for distribution under the Public Distribution System (PDS), committed the aforesaid offences. However, to substantiate that the rice seized from the petitioners was indeed intended for distribution under the Public Distribution System, the prosecution has failed to place on record either a Forensic Science Laboratory (FSL) report confirming that the seized rice was PDS rice or a certificate from - 3 - NC: 2025:KHC-D:1920 CRL.P No. 100090 of 2025 the Food Corporation of India certifying that the seized rice was meant for distribution under the Public Distribution System. 5. In the absence of any substantive evidence establishing that the petitioners/accused were transporting rice meant for PDS distribution, they cannot be prosecuted for the aforesaid offences. The continuation of criminal proceedings against them would amount to an abuse of the process of law. Accordingly, I pass the following: ORDER i) The petition is allowed. ii) The impugned proceedings in CC No.998/2024 pending on the file of the Prl. Civil Judge and JMFC, Ron, insofar as it relates to the petitioners – accused Nos.1 and 2 are hereby quashed. Sd/- (HEMANT CHANDANGOUDAR) JUDGE AC Ct:vh List No.: 3 Sl No.: 1