- 1 - NC: 2025:KHC:10677 WP No. 28387 of 2024 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 14TH DAY OF MARCH, 2025 BEFORE THE HON'BLE MR JUSTICE HEMANT CHANDANGOUDAR WRIT PETITION NO. 28387 OF 2024 (GM-RES) BETWEEN: 1. BHARAMAPPA S/O. BEERAPPA AGED ABOUT 41 YEARS, R/AT-HALLADAKERE HARIHARA, TALUK, DAVANAGERE DISTRICT, PIN CODE 577601. 2. KUMARA @ SHASHIKUMAR S/O. GS MANJUNATHA, AGED ABOUT 28 YEARS, R/O UDAGAHATTA VILLAGE, JAGALURU TALUK, DAVANAGERE DISTRICT, PIN CODE 577528. …PETITIONERS (BY SRI. CHANDAN B K., ADVOCATE) AND: 1. THE STATE OF KARNATAKA BY VIDYANAGAR POLICE STATION, DAVANAGERE DISTRICT, (REP. BY THE SPP, HIGH COURT PREMISES, BENGALURU CITY -560 001. 2. SRI. SHABANA PARVIN, FOOD INSPECTOR, OFFICE OF THE ASSISTANT DIRECTOR, IRA, DAVANAGERE DISTRICT-577 001. …RESPONDENTS (BY SRI. RAHUL RAI, HCGP FOR R1) Digitally signed by B K MAHENDRAKUMAR Location: HIGH COURT OF KARNATAKA - 2 - NC: 2025:KHC:10677 WP No. 28387 of 2024 THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE FIR NO. 34/2022 DATED 10.3.2022 (ANNX-A) AGAINST THE PETITIONERS IN CC.NO. 2078/2024 ARISING OUT OF CRIME NO. 34/2024 PUNISHABLE U/S 3 AND 7 OF THE ESSENTIAL COMMODITIES ACT, 1955 AND U/S 18 OF KARNATAKA ESSENTIAL COMMODITIES (PUBLIC DISTRIBUTION SYSTEM) PUBLIC CONTROL ORDER 2016 AND PENDING BEFORE THE 1ST ADDL. SENIOR CIVIL JUDGE AND JMFC COURT, DAVANAGERE DISTRICT. THIS PETITION, COMING ON FOR PRELIMINARY HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR JUSTICE HEMANT CHANDANGOUDAR ORAL ORDER Petitioners-accused Nos.1 and 2 who are sought to be charge sheeted for the offence punishable under sections 3 & 7 of the Essential Commodities Act, 1955, and under Section 18 of the Karnataka Essential Commodities (Public Distribution System) Public Control Order 2016 are before this Court seeking relief. 2. The prosecution alleges that, the respondent No.2- Food Inspector on receiving credible information that the rice/food grains meant for Public Distribution System (PDS) were been transported unauthorizedly, and the vehicle was intercepted, and upon inspection, it was discovered that, the petitioners were transporting the rice/food grains meant for distribution under the Public Distribution Scheme (PDS) unauthorizedly without having any valid license or permit. - 3 - NC: 2025:KHC:10677 WP No. 28387 of 2024 3. Heard the learned counsel for the petitioners and learned Additional Government Advocate for the respondent- State 4. The issue involved in this petition was examined by the Co-ordinate Bench of this Court in Crl.P.No.200775/2023 and other connected petitions disposed of on 5.7.2023, wherein, at para Nos. 5 to 22 it is ruled as follows: “5. The Essential Commodities Act, 1955 was enacted in the interests of the general public, for the control of the production, supply and distribution of and trade and commerce in certain commodities. 6. Section 3 deals with the powers to control production, supply, distribution, etc., of essential commodities. 7. Section 7 deals with penalties, if any, person contravenes any order made under Section 3 of the Act. 8. Section 10A specifies that, the offences under the Act are cognizable. 9. Section 11 deals with cognizance of offences, and specifies, that no Court shall take cognizance of any offence punishable under this Act except on a report in writing of the facts constituting such offence made by a person who is a public servant as defined in Section 21 of Indian Penal Code or any person aggrieved or any recognized consumer association, whether such person is a member of that association or not. 10. To put it simply, the Court can take cognizance of the offence punishable under this Act on a private complaint in writing by a public servant or on a report in writing of fact including the officer in charge of the Police Station after investigation under Section 173(2) of Cr.PC. In the instant case, in all these cases, the Food Inspector, who is the Authorized Officer under the Control Order, 1992 and Control Order, 2016 has - 4 - NC: 2025:KHC:10677 WP No. 28387 of 2024 conducted search and seizure of the food grains/rice meant for distribution under PDS. 11. The State Government, in exercise of power conferred under sub-Section (5) of Section 24 of the National Food Security Act, 2013, framed Rules called as Karnataka Essential Commodities Public Distribution (Control) Order, 2016. 12. Rule 19 of the Control Order, 2016 deals with powers of entry, search, seizure etc. The Authorized Officer under Rule 19, if has reason to believe that there is any contravention of the provisions of this order or with a view to securing compliance with this order or to satisfying himself that there is or has been any contravention of the order or with a view to securing information which he has reason to believe would help in detection or prevention of contravention of provisions of this order or diversion of PDS commodities, may require the owner, or occupier any other person in charge of any place, premises, vehicle or vessel in which he has reason to believe that any contravention of the provisions of this order or of the conditions of any authorization issued there under has been, is being or is about to committed. 13. Clause (2) of Rule 19 of the Control Order, 2016 specifies that, the provisions of Section 100 of Cr.PC relating to search and seizure shall so far may be apply to searches and seizures under this Clause. 14. A conjoint reading of Section 10A of the Essential Commodities Act and Rule 19 of the Control Order, 2016 indicate that, if the Food Inspector has any reason that, there has been any contravention of the provisions of the Control Order, 2016, he can conduct search and seizure of the vehicle, in which, it is alleged that, the food grains meant for distribution under PDS is being transported unauthorizedly. 15. Though the offences are cognizable, Rule 19 of the Control Order, 2016 empowers the Authorized Officer to conduct search and seizure so as to satisfy himself that, there has been contravention of the order, and there is no requirement for the Authorized Officer to register FIR, and thereafter conduct search and seizure of the food grains meant for distribution under PDS. - 5 - NC: 2025:KHC:10677 WP No. 28387 of 2024 16. Section 100 of Cr.PC specifies that whenever any place liable to search or inspection under this Chapter is closed, any person residing in, or being in charge of, such place shall on demand of the officer or other person executing the warrant, and on production of the warrant, allow him free ingress thereto, and afford all reasonable facilities for a search therein. 17. A reading of the said provision indicates that, the search can be conducted in respect of the place after obtaining a warrant. In the instant case, the search and seizure of the food grains were from the vehicles, in which, it is alleged that, the food grains meant for distribution under PDS were transported unauthorizedly. The Food Inspector, who is authorized under Rule 19 of the Control Order, 2016, is empowered to conduct search and seizure without obtaining a warrant from the learned Magistrate. Hence, the search and seizure conducted by the Food Inspector is in accordance with the provisions contained in Control Order, 2016. 18. The petitioners - accused herein have been implicated for the offences punishable under Sections 3 and 7 of the Essential Commodities Act including the provisions of the Control Order, 1992. Rule 21 of the Control Order, 2016 read as follows: "21. Repeal and Savings: The Karnataka Essential Commodities Public Distribution System (Control) Order 1992 is hereby repealed. Provided that such repeal shall affect: (a) the previous operation of the said orders or anything duty done or suffered there under. Or (b) any right, privilege, application or liability acquire, accrued or incurred under the said order; or (c) any penalty, forfeiture or punishment incurred in respect of any offence committed against the said order: or - 6 - NC: 2025:KHC:10677 WP No. 28387 of 2024 (d) any investigation, legal proceedings or remedy in respect of any such right, privilege, application, liability, penalty, forfeiture or punishment as aforesaid: and any such investigation, legal proceeding or remedy may be instituted continued, or enforced and any such penalty, forfeiture or punishment may be imposed as if the said orders have not been repealed." 19. A reading of Rule 21 indicates that, the Control Order, 1992 is repealed with effect from the publication of 2016 Order in the official gazette, i.e. 10.6.2016. The offences alleged against the petitioners - accused are allegedly committed after commencement of the Control Order, 2016, and despite the repealing of the Control Order, 1992, the petitioners - accused have been implicated for the offences punishable under the Control Order, 1992. Article 20(1) of the Constitution of India specifies that no person shall be convicted for breach of law, which is not in force at the time of commission of such offence. Hence, the registration of FIR culminating in taking cognizance of the offence punishable under Control Order, 1992 stands vitiated. 20. The Coordinate Bench of this Court in W.P.No.36438-439/2014 and W.P.No.36542/2014 (GM- EC) disposed of on 03.12.2014, at Para No.14, has held as under:- "14. In the instant case, petitioners are not authorized dealers. They are not shown to be engaged in purchase, storage or sale of food grains which were issued to the authorized dealer for distribution under the public distribution system. Therefore, essential ingredient explicitly stated under Clause 18 (a) i.e., the goods / commodities must have been issued to the authorized dealer under the public distribution system is missing. No finding is recorded by the 1st respondent in this regard. In fact, there is no material whatsoever to indicate this aspect. Therefore, as rightly contended by the learned counsel for the petitioners, unless there is material to show that the - 7 - NC: 2025:KHC:10677 WP No. 28387 of 2024 commodities were issued to an authorized dealer for distribution under the public distribution system or that a person other than the authorized dealer had sought to purchase or sell or store or offer for sale food grains meant for distribution under public distribution system through the price depots, prohibition contained under Clause 18 (a) of the Control Order would not be attracted. In the absence of such findings such action will not attract penal measure including seizure or forfeiture." 21. Perusal of the charge sheet material indicates that, the allegation against the accused herein is that, they were transporting the food grains meant for distribution under PDS unauthroizedly. The charge sheet material does not disclose as to where the accused procured the food grains meant for distribution under PDS, and also no material is placed that, the seized food grains were meant for distribution under PDS. In the absence of any material that, the seized food grains were meant for distribution under PDS, the registration of FIR culminating in laying the charge sheet stands vitiated. 22. The Food Inspector is only authorized to conduct search and seizure of the food grains meant for distribution under PDS as specified under Rule 19 of the Control Order, 2016. If a person is transporting rice which is notified as an essential commodity without permit, it is for the police concerned to seize the same by following due process of law.” 5. In the instant case, the prosecution has not placed on record any corroborative material to establish that the rice/food grains transported by the petitioners were meant for distribution under the Public Distribution Scheme. The prosecution has also not placed on record any material to substantiate that the petitioners procured the rice seized from the dealers, who were authorized to distribute the same to the beneficiaries under the PDS. In the absence of any material to - 8 - NC: 2025:KHC:10677 WP No. 28387 of 2024 establish that the rice/food grains seized from the petitioners were meant for distribution under PDS, the continuation of the Criminal proceedings will be an abuse of process of law. 6. Accordingly, the petition is allowed. 7. The impugned proceeding in CC No.2078/2024 arising out of Crime No.34/2022 registered by the Vidyanagar Police Station, pending on the file of the learned 1st Additional Senior and Civil Judge & JMFC Court, Davanagere, insofar as it relates to the petitioners - accused No.1 and 3 is hereby quashed. In view of disposal of the main petition, I.A.1/2024, does not survive for consideration and stands disposed. Sd/- (HEMANT CHANDANGOUDAR) JUDGE HR List No.: 2 Sl No.: 5