- 1 - NC: 2025:KHC-D:2246 CRL.P No. 100525 of 2025 IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH DATED THIS THE 5TH DAY OF FEBRUARY, 2025 BEFORE THE HON'BLE MR. JUSTICE HEMANT CHANDANGOUDAR CRIMINAL PETITION NO. 100525 OF 2025 (482(Cr.PC)/528(BNSS)) BETWEEN: 1. MR. RIYAZ S/O. KHADAR BASHA AGE. 32 YEARS, OCC. DRIVER, AUTO RICKSHAW, R/O. 10TH WARD, G.T.COMPOUND, HOSAPETE, DIST. VIJAYANAGAR-583201. 2. MR. ABDUL HAMEED H S/O. H. YOUSUF AGE. 39 YEARS, OCC. BUSINESS, R/O. 1-51, DARUL AMAN KELAD KAMBAL, KASHIPATNA, TQ. BELTHANGADI, DAKSHINA KANNADA-574236. …PETITIONERS (BY SRI. MAQBOOLAHAMED M. PATIL, ADVOCATE) AND: 1. THE STATE OF KARNATAKA THROUGH HOSAPETE EXTENSION P.S., REPRESENTED BY STATE PUBLIC PROSECUTOR, HIGH COURT OF KARNATAKA, DHARWAD BENCH, DHARWAD-580011. 2. D. M. NAGENDRA S/O. MANOHAR NAYAK AGE. 39 YEARS, OCC. FOOD INSPECTOR, R/O. THAHASHELDAR OFFICE, DIST. VIJAYANAGAR-583201, REPRESENTED BY SPP, HIGH COURT OF KARNATAKA, DHARWAD-580011. …RESPONDENTS (BY SRI. PRAVEENA Y.DEVAREDDIYAVARA, HCGP) B K MAHENDRAKUMAR Digitally signed by B K MAHENDRAKUMAR Location: High Court of Karnataka, Dharwad Bench Date: 2025.02.07 11:09:21 +0530 - 2 - NC: 2025:KHC-D:2246 CRL.P No. 100525 of 2025 THIS CRIMINAL PETITION IS FILED U/S 482 OF CR.P.C. (528 OF BNSS), SEEKING TO QUASH THE ENTIRE PROCEEDINGS CC NO.1236/2023 PENDING ON THE FILE OF ADDL.CIVIL JUDGE AND JMFC, HOSAPETE WHEREIN THE CHARGE SHEET IS FILED AGAINST THE PRESENT PETITIONERS FOR THE OFFENCE PUNISHABLE U/S 420 OF IPC, SECTION 3, 6(A), 7 OF EC ACT, SECTION 3, 4, 12, 18, 19, 3(2)(i), 4, 6, 8 OF KARNATAKA EC ACT, SECTION 146 R/W 196, 66 R/W 192 OF IMV ACT (HOSAPETE EXTENSION P.S. CRIME NO.48/2023), IN SO FAR AS THE PRESENT 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 ORAL ORDER The learned Additional Government Advocate accepts notice for respondent No.1-State. 2. The petitioners challenge the cognizance taken for offences punishable under Sections 146, 196, 66, and 192 of the Motor Vehicles Act; Sections 3, 6(A), and 7 of the Essential Commodities Act, 1955; Sections 3, 4, 12, and 18 of the Karnataka Essential Commodities (Public Distribution System) Control Order; Sections 3(2)(I), 4, 6, and 8 of the Karnataka Essential Commodities (Storage Accounts Maintaining Value Notification) Order; and Section 420 of the Indian Penal Code (IPC). 3. 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 intended for distribution under the Public Distribution System (PDS) without authorization. - 3 - NC: 2025:KHC-D:2246 CRL.P No. 100525 of 2025 4. Heard the learned counsel for the petitioners and the learned Additional Government Advocate for respondent No.1- State. 5. The allegation against the petitioners/accused is that they were 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. 6. 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 petitioners/accused procured the food grains from authorized fair price shop dealers. 7. In the absence of any material evidence to substantiate that the rice seized from the petitioners/accused was intended for distribution under the Public Distribution System, the continuation of the 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.1236/2023 pending on the file of Additional Civil Judge and - 4 - NC: 2025:KHC-D:2246 CRL.P No. 100525 of 2025 JMFC, Hosapete, insofar as it relates to the petitioner – accused stands quashed. Sd/- (HEMANT CHANDANGOUDAR) JUDGE AC Ct:vh List No.: 1 Sl No.: 31