- 1 - NC: 2025:KHC-D:2086 CRL.P No. 100464 of 2025 IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH DATED THIS THE 3RD DAY OF FEBRUARY, 2025 BEFORE THE HON'BLE MR. JUSTICE HEMANT CHANDANGOUDAR CRIMINAL PETITION NO. 100464 OF 2025 (482(Cr.PC)/528(BNSS)) BETWEEN: 1. MARUTI PUNDALIK HAVAPPAGOL, AGE. 46 YEARS, OCC. DRIVER, R/O. BAMBALAWAD, TAL. CHIKKODI, DIST. BELAGAVI. 2. LAXMAN SIDDAPPA SAVANUR AGE. 46 YEARS, OCC. AGRICULTURE, OCC: DRIVER, R/O. BAMBALAWAD, TAL. CHIKKODI, DIST. BELAGAVI. …PETITIONERS (BY SRI. PRASHANT MATHAPATI, ADVOCATE) AND: THE STATE OF KARNATAKA R/BY STATE PUBLIC PROSECUTOR, HIGH COURT OF KARNATAKA, THROUGH CHIKKODI POLICE STATION. …RESPONDENT (BY SRI. PRAVEENA Y.DEVAREDDIYAVARA, HCGP) THIS CRIMINAL PETITION IS FILED U/S 482 OF CR.P.C. (528 OF BNSS), SEEKING TO, QUASH THE ENTIRE PROCEEDINGS IN CC NO.2931/2023 PENDING ON THE FILE OF THE CIVIL JUDGE AND JMFC, CHIKKODI OFFENCES PUNISHABLE U/S 7 OF ESSENTIAL COMMODITIES ACT, IN SO FAR AS PETITIONERS/ACCUSED NO.1 AND 2 ARE CONCERNED. THIS PETITION, COMING ON FOR ADMISSION, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: THE HON'BLE MR JUSTICE HEMANT CHANDANGOUDAR B K MAHENDRAKUMAR Digitally signed by B K MAHENDRAKUMAR Location: High Court of Karnataka, Dharwad Bench Date: 2025.02.06 11:20:55 +0530 - 2 - NC: 2025:KHC-D:2086 CRL.P No. 100464 of 2025 ORAL ORDER 1. The petitioners/accused are being prosecuted for offences punishable under Section 7 of the Essential Commodities Act, 1955. 2. The prosecution’s case is that, based on credible information, the vehicle belonging to the petitioners/accused was seized. Upon inspection, it was allegedly found that the petitioners/accused were transporting rice meant for distribution under the Public Distribution System (PDS) without authorization. 3. Heard the learned counsel for the petitioners and the learned Additional Government Advocate for the respondent-State. 4. The allegation against the petitioners/accused is that they were transporting rice intended for distribution under the Public Distribution System without a valid permit. However, the prosecution has failed to produce any material along with the charge sheet to establish that the rice seized from the petitioners/accused was, in fact, meant for PDS distribution. There is no Forensic Science Laboratory (FSL) report or any certification from the Food Corporation of India to substantiate this claim. Furthermore, no material has been produced to demonstrate that the petitioners/accused procured the food grains from any authorized fair price shop dealer. 5. In the absence of any substantive evidence proving that the seized rice was designated for the Public Distribution System, the continuation of criminal proceedings against the - 3 - NC: 2025:KHC-D:2086 CRL.P No. 100464 of 2025 petitioners/accused would amount to an abuse of the process of law. Accordingly, I proceed to pass the following: ORDER i) The petition is allowed. ii) The impugned proceedings in CC No.2931/2023 pending on the file of the Prl. Civil Judge and JMFC, Chikkodi, insofar as it relates to the petitioners – accused Nos.1 and 2 stands quashed. Sd/- (HEMANT CHANDANGOUDAR) JUDGE AC Ct:vh List No.: 1 Sl No.: 49