- 1 - NC: 2025:KHC-D:2092 CRL.P No. 100476 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. 100476 OF 2025 (482(CR.PC)/528(BNSS)-) BETWEEN: MALLIKAJAN S/O. MABUSAB AANI, AGE: 21 YEARS, OCC: DRIVER, R/O: KUMBAR ONI, NAVALAGUND, DIST: DHARWAD-582 208. … PETITIONER (BY SRI. GOURI SHANKAR MOT, ADVOCATE) AND: THE STATE OF KARNATAKA, GADAG RURAL POLICE STATION, HUBBALLI, REP. BY ITS STATE PUBLIC PROSECUTOR, HIGH COURT OF KARNATAKA, DHARWAD BENCH, AT: DHARWAD. … RESPONDENT (BY SRI. T. HANUMAREDDY, AGA) THIS CRIMINAL PETITION IS FILED U/S 482 OF CR.P.C. (528 OF BNSS), PRAYING TO QUASH THE COGNIZANCE DATED 22.12.2023 AGAINST THE ACCUSED/PETITIONER IN GADAG RURAL P.S. CRIME NO.167/2023 PENDING ON THE FILE OF THE II ADDL. CIVIL JUDGE AND JMFC II COURT, AT: GADAG IN C.C. NO.1649/2023 FOR THE OFFENCE PUNISHABLE U/S 3 AND 7 OF ESSENTIAL COMMODITIES ACT 1955 AND U/S 18 OF KARNATAKA ESSENTIAL COMMODITIES (PUBLIC DISTRIBUTION SYSTEM) PUBLIC CONTROL ORDER 2016, IN THE INTEREST OF JUSTICE. THIS PETITION IS COMING ON FOR ORDERS, 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 11:20:56 +0530 - 2 - NC: 2025:KHC-D:2092 CRL.P No. 100476 of 2025 ORAL ORDER The petitioner/accused is being prosecuted for offences punishable under Sections 3 and 7 of the Essential Commodities Act, 1955, and Section 18 of the Karnataka Essential Commodities (Public Distribution System) Public Control Order, 2016. 2. The prosecution’s case is that, based on credible information, the vehicle belonging to the petitioner/accused was seized. Upon inspection, it was allegedly found that the petitioner/accused was transporting rice intended for distribution under the Public Distribution System (PDS) without authorization. 3. Heard the learned counsel for the petitioner and the learned Additional Government Advocate for the respondent-State. 4. The allegation against the petitioner/accused is that he was transporting rice meant for distribution under the Public Distribution System without the necessary permit. However, the prosecution has not produced any material along with the charge sheet to establish that the seized rice was meant for distribution under the Public Distribution System. No Forensic Science Laboratory report or certification from the Food Corporation of India has been submitted. Furthermore, there is no evidence to show that the petitioner/accused procured the food grains from authorized fair price shop dealers. 5. In the absence of any material to substantiate that the rice seized from the petitioner/accused was intended for distribution under the Public Distribution System, the continuation of the - 3 - NC: 2025:KHC-D:2092 CRL.P No. 100476 of 2025 criminal proceedings 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.1649/2023 pending on the file of II Additional Civil Judge and JMFC II Court, insofar as it relates to the petitioner – accused stands quashed. Sd/- (HEMANT CHANDANGOUDAR) JUDGE AC CT:BCK LIST NO.: 2 SL NO.: 4