- 1 - NC: 2025:KHC:16322 CRL.P No. 14126 of 2024 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 21ST DAY OF APRIL, 2025 BEFORE THE HON'BLE MR JUSTICE HEMANT CHANDANGOUDAR CRIMINAL PETITION NO. 14126 OF 2024 (482(Cr.PC) / 528(BNSS)) BETWEEN: 1. IRFAN PASHA S/O RIYAZ PASHA, AGED ABOUT 34 YEARS, R/O. NO.689, SLUM BOARD, BLOCK NO-87, 6TH CROSS, GUTHALU VILLAGE, HALAHALLI MANDYA-571434. 2. SHABBIR KHAN S/O AJJAZ KHAN, AGED ABOUT 37 YEARS, RESIDENT OF AZAD NAGAR, BEHIND MOSQUE, MANDYA-571434. …PETITIONERS (BY SRI. OMKAR M. ANGADI, ADVOCATE) AND: 1. THE STATE OF KARNATAKA BY: THALAK POLICE STATION, THALAKCIRCLE, CHITRADURGA DISTRICT (REP. BY: THE SPP, HIGH COURT PREMISES, BENGALURU CITY -560 001). 2. SRINIVASA P, AGED ABOUT 53 YEARS FOOD INSPECTOR, TALUK OFFICE, CHITRADURGA-577 501. …RESPONDENTS Digitally signed by R HEMALATHA Location: High Court of Karnataka - 2 - NC: 2025:KHC:16322 CRL.P No. 14126 of 2024 (BY SRI. LAKSHMAN B., HCGP FOR R1; NOTICE TO R2 IS D/W) THIS CRL.P IS FILED U/S 482 CR.PC (FILED U/S 528 BNNS) PRAYING TO QUASH THE PROCEEDING AGAINST THEM IN CC. NO.751/2023 THE OFFENCES PUNISHABLE U/S 3 AND 7 OF THE ESSENTIAL COMMODITIES ACT, 1955 AND SECTION 420 IPC, SECTIONS 3(2)(I), 4, 6, 8 OF KARNATAKA ESSENTIAL COMMODITIES (STORAGE ACCOUNTS MAINTAINING VALUE NOTIFICATION) AND SECTIONS 3, 4, 12 AND 18 OF KARNATAKA ESSENTIAL COMMODITIES (PDS) CONTROL ORDER, 2016, PENDING ON THE FILE OF IN THE COURT OF SENIOR CIVIL JUDGE AND JMFC, MOLAKALMUR. THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR JUSTICE HEMANT CHANDANGOUDAR ORAL ORDER Petitioners-accused No.1 and 2 who have been charge sheeted for the offence punishable under Sections 3 and 7 of the Karnataka Essential Commodities Act, 1955, and Section 420 r/w 43 of IPC, Sections 3(2), (i),4,6,8, and of Karnataka Essential Commodities (Storage Accounts Maintaining Value Notification) Order, 1981 and under Sections, 3, 4 12 and 18 of the PDS Control Order, 2016 are before this Court seeking relief. 2. The prosecution alleges that, on receiving credible information that the rice meant for distribution under the Public Distribution Scheme (PDS) was being transported unauthorizedly. the complainant and his staff - 3 - NC: 2025:KHC:16322 CRL.P No. 14126 of 2024 intercepted the vehicle, and upon search and seizer it was discovered that the petitioner-accused No.1 was transporting the rice/food grains meant for distribution under the PDS unauthorizedly without permit and valid licence. The accused No.1 the driver of the lorry was apprehended and in his voluntary statement he has allegedly stated that the lorry in which rice was transported belongs to accused No.2. 3. Heard the learned counsel for the petitioner and learned Additional Government Advocate for the respondent-State. 4. The prosecution after seizing the rice/food grains from the accused has sent the sample of the rice to the Forensic Science Laboratory for testing to establish that the rice seized were meant for distribution under the PDS. However, the charge sheet does not contain any information from the Forensic Science Laboratory to substantiate that the rice seized from the petitioner No.1 was meant for public distribution under the PDS. Even otherwise, the prosecution has not placed any material to substantiate that the petitioners procured the seized rice from any dealer which was authorized to be distributed under the PDS. - 4 - NC: 2025:KHC:16322 CRL.P No. 14126 of 2024 5. The co-ordinate Bench of this Court in Crl.P.No.5130/2023 disposed of on 29.8.2023 at paras 12 and 13 has held as follows: "12. That apart, whether the rice belonged to the Public Distribution System or not could only be ascertained by necessary examination by the Forensic Science Laboratory and a report being submitted thereto. The Investigating Officer has not caused such an examination and has gone ahead with the sale of rice on the premise that the same is perishable goods which require immediate sale. Even, if the goods are perishable, it is required for the Investigating Officer to send the said rice for necessary examination to the Forensic Science Laboratory and a report is to be obtained from the said authority. 13. In the present case, neither of the above have been done. Hence, I am of the considered opinion that there is no legs for the prosecution to stand on and prosecute the petitioners and prima facie there is nothing made out to establish the offense being committed by the petitioners. As such, there would be no purpose in prosecuting the petitioners on such frivolous grounds without any basis." 6. Therefore, in the absence of any material that the petitioners were transporting the rice meant for distribution under Public Distribution Scheme, the petitioners cannot be prosecuted of the offences alleged against them. Hence, the continuation of the criminal proceedings will be an abuse of process of law. 7. Accordingly, the petition is allowed. - 5 - NC: 2025:KHC:16322 CRL.P No. 14126 of 2024 8. The impugned proceeding in CC No.751/2023 arising out of Crime No.190/2021 registered by the Thalak Police Station, pending on the file of the learned Principal Civil Judge and JMFC, at Molakalmur, Chitradurga, insofar as it relates to the petitioners - herein is hereby quashed. Sd/- (HEMANT CHANDANGOUDAR) JUDGE HR List No.: 4 Sl No.: 4