- 1 - NC: 2025:KHC-D:1845 CRL.P No. 100429 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. 100429 OF 2025 (482(Cr.PC)/528(BNSS)) BETWEEN: 1. JAGADISH S/O. BASAVARAJAPPA TOTAMMANAVAR, AGE. 35 YEARS, OCC. DRIVER, R/O. SUTTAKOTI VILLAGE, TALUK. HIREKERUR, DISTRICT. HAVERI-581111. 2. SAZID S/O. ISMALISAB PYATI AGE. 55 YEARS, OCC. BUSINESS, R/O. HAUNSABHAVI VILLAGE, TALUK. HIREKERUR, DISTRICT. HAVERI-581111. 3. IRAPPA S/O. KEERTEPPA TOTAMMANAVAR, AGE. 45 YEARS, OCC. FARMER, R/O. SUTTAKOTI VILLAGE, TALUK. HIREKERUR, DISTRICT. HAVERI-581111. …PETITIONERS (BY SRI. M.R.HIREMATHAD AND SRI. PRAKASH BADIGER, ADVOCATES) AND: 1. THE STATE OF KARNATAKA BY PSI HANSABHAVI P.S. POLICE STATION, TQ. HIREKERUR, DIST. HAVERI-581111 R/BY STATE PUBLIC PROSECUTOR, HIGH COURT BUILDINGS, DHARWAD-580011. 2. STEVEN S/O. CHANDRAKANTH ANGADI AGE. 47 YEARS, OCC. FOOD INSPECTOR, R/O. TAHASHILDAR OFFICE, HIREKERUR, TQ. HIREKERUR, Digitally signed by B K MAHENDRAKUMAR Location: HIGH COURT OF KARNATAKA DHARWAD BENCH Date: 2025.02.05 12:54:33 +0530 - 2 - NC: 2025:KHC-D:1845 CRL.P No. 100429 of 2025 DISTRICT. HAVERI-581111, R/BY SPP. HIGH COURT, DHARWAD-580011. …RESPONDENTS (BY SRI. T.HANUMAREDDY, ADDL. GOVT. ADVOCATE) THIS CRIMINAL PETITION IS FILED U/SE. 482 OF CR.P.C. (U/S. 528 OF BNSS, 2023) SEEKING TO, QUASH FIR, COMPLAINT AND CHARGE SHEET AND ENTIRE CRIMINAL PROCEEDINGS IN C.C.NO.512/2020 (IN HAMSBHAVI PS NO. 049/2019) AGAINST THE ACCUSED NO.1 TO 3/PETITIONER NO.1 TO 3 FOR THE OFFENCES P/U/SEC. 3 AND 7 OF ESSENTIAL COMMODITIES CT-1955 PENDING ON THE FILE OF CIVIL JUDGE AND JMFC HIREKERUR. 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 have been charge-sheeted for offenses punishable under Sections 3 and 7 of the Essential Commodities Act, 1955. 2. The prosecution’s case is that, based on credible information, certain individuals were found transporting food grains intended for distribution under the Public Distribution System (PDS). The vehicle was intercepted, and during the interception, accused No.1 was apprehended, while the other two accused persons fled from the spot. 3. Heard the learned counsel for the petitioners and the learned Additional Government Advocate for the respondents. 4. Accused No.1 was apprehended, and in his confession statement, he stated that two other individuals were traveling with - 3 - NC: 2025:KHC-D:1845 CRL.P No. 100429 of 2025 him at the time of the interception. Based solely on his confession statement, accused Nos.2 and 3 were arraigned as co-accused. 5. Except for the confession statement of accused No.1, there is no other corroborative material to establish that accused Nos.2 and 3 were involved in the transportation of food grains meant for distribution under the Public Distribution System. The confession statement of a co-accused is inadmissible in evidence unless corroborated by substantive evidence, as per Section 25 of the Indian Evidence Act, 1872, which expressly states that no confession made to a police officer shall be proved as against a person accused of any offense. 6. Furthermore, as per Section 30 of the Evidence Act, the confession of a co-accused can only be taken into consideration against the maker and other accused persons if there is other independent evidence on record to establish their guilt. Thus, a confession made by a co-accused to a police officer alone cannot be the sole basis for conviction unless corroborated by substantive evidence. 7. Furthermore, the seized rice was not sent for analysis to the Forensic Science Laboratory (FSL) or any other competent agency to verify whether it was actually intended for PDS distribution. 8. In the absence of substantial evidence to prove that the seized rice was part of the Public Distribution System, the continuation of criminal proceedings against the petitioners would - 4 - NC: 2025:KHC-D:1845 CRL.P No. 100429 of 2025 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.512/2020 pending on the file of the learned Civil Judge and JMFC, Hirekeruru, is hereby quashed. Sd/- (HEMANT CHANDANGOUDAR) JUDGE BKM Ct:vh List No.: 2 Sl No.: 7