- 1 - NC: 2025:KHC:12868 CRL.P No. 7694 of 2024 C/W CRL.P No. 535 of 2024 CRL.P No. 8445 of 2024 AND CRL.P No.8858 of 2024 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 26TH DAY OF MARCH, 2025 BEFORE THE HON'BLE MR JUSTICE HEMANT CHANDANGOUDAR CRIMINAL PETITION NO. 7694 OF 2024 C/W CRIMINAL PETITION NO. 535 OF 2024 CRIMINAL PETITION NO. 8445 OF 2024 AND CRIMINAL PETITION NO. 8858 OF 2024 IN CRL.P No. 7694/2024 BETWEEN: SHASHIKUMARA @ KUMARA S/O. MANJUNATHA. G. S., AGED ABOUT 28 YEARS, R/O. UDDAGHATTA VILLAGE, JAGALURU TALUK, DAVANAGERE DISTRICT, PIN CODE-577 528. …PETITIONER (BY SRI. CHANDAN B K, ADVOCATE FOR SRI. B SIDDESWARA, ADVOCATE) AND: 1. THE STATE OF KARNATAKA BY HADADI POLICE STATION, MAYAKONDA CIRCLE, DAVANAGERE DISTRICT, (REP. BY THE SPP, Digitally signed by R HEMALATHA Location: High Court of Karnataka - 2 - NC: 2025:KHC:12868 CRL.P No. 7694 of 2024 C/W CRL.P No. 535 of 2024 CRL.P No. 8445 of 2024 AND CRL.P No.8858 of 2024 HIGH COURT PREMISES, BENGALURU CITY-560 001) 2. SRI. J. NAGENDRA FOOD INSPECTOR, TALUK OFFICE, DAVANAGERE. …RESPONDENTS (BY SRI.M R PATIL, HCGP FOR R1) THIS CRL.P IS FILED U/S.482 CR.P.C PRAYING TO SET ASIDE THE ORDER OF TAKING COGNIZANCE OF THE OFFENSES AND ISSUANCE OF PROCESS AGAINST THEM FOR OFFENSES P/U/S 3 AND 7 OF ESSENTIAL COMMODITIES ACT, 18 (KES) OF PDS CONTROLLING ORDER IN CC.NO.5589/2023 DTD 11.10.2023 PASSED BY THE LEARNED III ADDITIONAL CIVIL JUDGE AND JMFC, DAVANAGERE AND FURTHER BE PLEASED TO QUASH THE ENTIRE PROCEEDINGS PENDING IN CC.NO.5589/2023 ON THE FILE OF THE LEARNED III ADDITIONAL CIVIL JUDGE AND JMFC, DAVANAGERE (FIR IN CR.NO.92/2022 OF HADADI P.S., DAVANGERE DISTRICT) AND ETC. IN CRL.P NO. 535/2024 BETWEEN: 1. NAGARAJA @ JYOTHI NAGARAJA S/O SHEKHARAPPA, AGED ABOUT 39 YEARS, R/O DEVASAMUDRA VILLAGE, KAMPII TALUK, BALLARI-583129. ...PETITIONER (BY SRI. CHANDAN B K, ADVOCATE FOR SRI. B SIDDESWARA, ADVOCATE) AND: 1. THE STATE OF KARNATAKA BY TAVAREKERE POLICE STATION, SIRA RURAL CIRCLE, - 3 - NC: 2025:KHC:12868 CRL.P No. 7694 of 2024 C/W CRL.P No. 535 of 2024 CRL.P No. 8445 of 2024 AND CRL.P No.8858 of 2024 TUMAKURU DISTRICT, (REP BY THE SPP, HIGH COURT PREMISES, BENGALURU CITY-560001) 2. SMT MAMATHA TAHASHILDAR SIRA TQ, TUMAKURU-572137. ...RESPONDENTS (BY SRI. M R PATIL, HCGP FOR R1) THIS CRL.P IS FILED U/S.482 CR.P.C PRAYING TO QUASH THE FIR IN CR.NO.76/2022 OF TAVAREKERE POLICE STATION, SIRA RURAL CIRCLE TUMAKURU DISTRICT FOR OFFENCE P/U/S.3,7 OF THE ESSENTIAL COMMODITIES ACT 1955 AND FURTHER BE PLEASED TO QUASH THE ENTIRE PROCEEDINGS PENDING IN C.C.NO.4261/2022 ON THE FILE OF THE ADDITIONAL CIVIL JUDGE AND JMFC SIRA, TUMAKURU DISTRICT FOR OFFENC EP/U/S.3,7 OF ESSENTIAL COMMODITIES ACT 1955 AS AGAINST THEM AND ETC. IN CRL.P NO. 8445/2024 BETWEEN: 1. SHASHIKUMARA S/O MANJUNATHA .G.S. AGED ABOUT 28 YEARS, R/O UDDAGHATTA VILLAGE, JAGALURU TALUK, DAVANAGERE DISTRICT PIN CODE-577528 ...PETITIONER (BY SRI. CHANDAN B K, ADVOCATE FOR SRI. B. SIDDESWARA, ADVOCATE) AND: 1. THE STATE OF KARNATAKA BY HADADI POLICE STATION, MAYAKONDA CIRCLE, - 4 - NC: 2025:KHC:12868 CRL.P No. 7694 of 2024 C/W CRL.P No. 535 of 2024 CRL.P No. 8445 of 2024 AND CRL.P No.8858 of 2024 DAVANAGERE DISTRICT, REP BY THE SPP, HIGH COURT PREMISES, BENGALURU CITY-560001 2. SRI M NAZARULLA AGED ABOUT 52 YEARS FOOD INSPECTOR MALEBENNUR HOBLI, HARIHARA TALUK, DAVANAGERE 577528 ...RESPONDENTS (BY SRI.M R PATIL, HCGP FOR R1) THIS CRL.P IS FILED U/S.482 CR.P.C PRAYING TO SET ASIDE THE ORDER OF TAKING COGNIZANCE OF THE OFFENCE AND ISSUANCE OF PROCESS AGAINST THEM FOR OFFENCE P/US/ 3 AND 7 OF THE ESSENTIAL COMMODITIES ACT 1955 AND SEC.18 OF PDS CONTROLLING ORDER 1992 IN C.C.NO.5592/2023 DATED 11.10.2023 PASSED BY THE LEARNED III ADDITIONAL CIVIL JUDGE AND JMFC DAVANAGERE AND FURTHER BE PLEASED TO QUASH THE ENTIRE PROCEEDINGS PENDING IN C.C.NO.5592/2023 ON THE FILE OF THE LEARNED III ADDITIONAL CIVIL JUDGE AND JMFC DAVANAGERE (FIR IN CR.NO.178/2022 OF HADADI P.S., DAVANAGERE DISTRICT) AND ETC. IN CRL.P NO. 8858/2024 BETWEEN: 1. BASAVARAJA S/O SHIVAPUTRAPPA AGED ABOUT 46 YEARS R/O HUNUGUNDA TOWN HUNUGUNDA TALUK BAGALKOT PIN CODE 587118 2. SUNIL S/O KANAKAPPA - 5 - NC: 2025:KHC:12868 CRL.P No. 7694 of 2024 C/W CRL.P No. 535 of 2024 CRL.P No. 8445 of 2024 AND CRL.P No.8858 of 2024 AGED ABOUT 22 YEARS R/O ALLURU VILLAGE BADAMI TALUK BAGALKOT DISTRICT PIN CODE 587203 3. SURESH S SINGAL S/O SHANMUKHAPPA AGED ABOUT 48 YEARS R/O SINGANAL VILLAGE GANGAVATHI TALUK KOPPAL DISTRICT PIN CODE 583227 4. THOTAPPA DHANAKA S/O NINGAPPA AGED ABOUT 38 YEARS R/O NEELAGUNDA VILLAGE BADAMI TALUK, BAGALKOT DISTRICT PIN CODE 587201 ...PETITIONERS (BY SRI. CHANDAN B K, ADVOCATE FOR SRI. B SIDDESWARA, ADVOCATE) AND: 1. THE STATE OF KARNATAKA BY JAGALUR POLICE STATION JAGALUR TOWN DAVANAGERE DISTRICT (REP BY THE SPP HIGH COURT PREMISES BENGALURU CITY 560001) 2. SRI SHIVAPRAKASH N V FOOD INSPECTOR TALUK OFFICE JAGALURU TOWN DAVANAGERE 577528 ...RESPONDENTS (BY SRI.M R PATIL, HCGP FOR R1) - 6 - NC: 2025:KHC:12868 CRL.P No. 7694 of 2024 C/W CRL.P No. 535 of 2024 CRL.P No. 8445 of 2024 AND CRL.P No.8858 of 2024 THIS CRL.P IS FILED U/S 482 CR.PC (FILED U/S 528 BNNS) PRAYING TO SET ASIDE THE ORDER OF TAKING COGNIZANCE OF THE OFFENCES AND ISSUANCE OF PROCESS AGAINST THEM FOR OFENCES P/U/S 7 AND 3 OF THE ESSENTIAL COMMODITIES ACT, 1955 AND U/S 18 OF PDS CONTROLLING ORDER 1992 IN C.C.NO.63/2024 DATED 03.02.2024 PASSED BY THE CIVIL JUDGE AND JMFC, JAGALUR AND FURTHER BE PLEASED QUASH THE ENTIRE PROCEEDINGS PENDING IN C.C.NO.63/2024 ON THE FILE OF THE CIVIL JUDGE AND JMFC, JAGALUR (FIR IN CR.NO.59/2023 OF JAGALUR P.S., DAVANAGERE DISTRICT) AND ETC. THESE PETITIONS, COMING ON FOR ADMISSION, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR JUSTICE HEMANT CHANDANGOUDAR ORAL ORDER The petitioners, who have been charge-sheeted for offences punishable under Sections 3 and 7 of the Karnataka Essential Commodities Act, 1955, and Clause 18 of the Public Distribution System Control Order, 1992, are before this Court seeking relief. 2. The prosecution alleges that, based on credible information, rice and food grains intended for distribution under the Public Distribution Scheme (PDS) were being transported unauthorizedly. The vehicles were intercepted, and upon inspection, it was discovered that the petitioners were - 7 - NC: 2025:KHC:12868 CRL.P No. 7694 of 2024 C/W CRL.P No. 535 of 2024 CRL.P No. 8445 of 2024 AND CRL.P No.8858 of 2024 transporting PDS-designated rice and food grains without authorization. 3. Heard the learned counsel for the petitioners and the learned High Court Government Pleader for the respondent- State. Analysis: "6. The co-ordinate Bench of this Court in Crl.P.No.5130/2023 disposed of on 29.8.2023 at paras 12 and 13 has held as follows: 12. That apart, whether the rice belonged to the Public Distribution System or not could only be ascertained by necessary examination by the Forensic Science Laboratory and a report being submitted thereto. The Investigating Officer has not caused such an examination and has gone ahead with the sale of rice on the premise that the same is perishable goods which require immediate sale. Even, if the goods are perishable, it is required for the Investigating Officer to send the said rice for necessary examination to the Forensic Science Laboratory and a report is to be obtained from the said authority. 13. In the present case, neither of the above have been done. Hence, I am of the considered opinion that there is no legs for the prosecution to stand on and prosecute the petitioners and prima facie there is nothing made out to establish the offense being committed by the petitioners. As such, there would be no purpose in prosecuting the petitioners on such frivolous grounds without any basis.” - 8 - NC: 2025:KHC:12868 CRL.P No. 7694 of 2024 C/W CRL.P No. 535 of 2024 CRL.P No. 8445 of 2024 AND CRL.P No.8858 of 2024 4. In these petitions, the petitioners challenge their charge-sheeting for offences under Sections 3 and 7 of the Karnataka Essential Commodities Act, 1955, and Clause 18 of the Public Distribution System Control Order, 1992. The prosecution alleges that, based on credible information, rice and food grains intended for distribution under the Public Distribution System (PDS) were being transported unauthorizedly. The vehicles were intercepted, and upon inspection, it was discovered that the petitioners were transporting PDS rice and food grains without authorization. 5. However, the Forensic Science Laboratory (FSL) report produced along with the charge sheet does not establish that the rice and food grains seized from the petitioners were meant for distribution under the PDS. The prosecution has not provided any material to substantiate that the seized rice was obtained from authorized PDS dealers. In the absence of substantial evidence linking the seized rice to the PDS, prosecuting the petitioners on the allegation that they were transporting PDS rice and food grains would amount to an abuse of the legal process. Crl.P.No.7694/2024 The impugned proceedings in CC.No.5589/2023 pending on the file of III Additional Civil Judge and JMFC, Davanagere, insofar as it relates to the petitioner – accused is hereby quashed. - 9 - NC: 2025:KHC:12868 CRL.P No. 7694 of 2024 C/W CRL.P No. 535 of 2024 CRL.P No. 8445 of 2024 AND CRL.P No.8858 of 2024 Crl.P.No.8445/2024 The impugned proceedings in CC.No.5592/2023 pending on the file of III Additional Civil Judge and JMFC, Davanagere, insofar as it relates to the petitioner – accused is hereby quashed. Crl.P.No.535/2023 The impugned proceedings in CC.No.4261/2022 pending on the file of Additional Civil Judge and JMFC, Sira, Tumakur, insofar as it relates to the petitioner – accused is hereby quashed. Crl.P.No.8858/2024 The impugned proceedings in CC.No.63/2024 pending on the file of Civil Judge and JMFC, Jagalur, insofar as it relates to the petitioners – accused Nos.1 to 4 is hereby quashed. Sd/- (HEMANT CHANDANGOUDAR) JUDGE PNV List No.: 1 Sl No.: 20