- 1 - NC: 2025:KHC-D:2558 CRL.P No. 100606 of 2025 IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH DATED THIS THE 10TH DAY OF FEBRUARY, 2025 BEFORE THE HON'BLE MR. JUSTICE HEMANT CHANDANGOUDAR CRIMINAL PETITION NO. 100606 OF 2025 (482(Cr.PC)/528(BNSS)) BETWEEN: SADASHIV S/O. RANAPPA KAKHANDAKI AGE. 54 YEARS, OCC. DRIVER, R/O. RABAKAVI, TQ. RABAKAVI, BANAHATTI-587311. …PETITIONER (BY SRI. SHRIKANT K.DESHPANDE, ADVOCATE) AND: THE STATE OF KARNATAKA R/BY TERDAL P.S., BANAHATTI CIRCLE, DIST. BAGALKOT, REPRESENTED BY ITS STATE PUBLIC PROSECUTOR, HIGH COURT OF KARNATAKA, DHARWAD BENCH AT. DHARWAD-580001. …RESPONDENT (BY SRI. PRAVEENA Y.DEVAREDDIYAVARA, HCGP) THIS CRIMINAL PETITION IS FILED U/SE. 482 OF CR.P.C. (U/S. 528 OF BNSS, 2023) SEEKING THAT THE CHARGE SHEET SUBMITTED IN TERDAL P.S. CRIME NO.89/2023 FOR THE OFFENCES P/U/SC. 3(2) AND 7 OF ESSENTIAL COMMODITIES ACT 1995 WHICH IS REGISTERED AS C.C.NO. 05/2024 ON THE FILE OF SNIOR CIVIL JUDGE AND JMFC AT BANAHATTI AGAINST PETITIONER BE QUASHED. THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: THE HON'BLE MR. JUSTICE HEMANT CHANDANGOUDAR Digitally signed by B K MAHENDRAKUMAR Location: HIGH COURT OF KARNATAKA DHARWAD BENCH Date: 2025.02.19 13:15:26 +0530 - 2 - NC: 2025:KHC-D:2558 CRL.P No. 100606 of 2025 ORAL ORDER 1. The Learned Additional Government Advocate has accepted notice on behalf of the respondent, the State. 2. The petitioner, identified as Accused No.1, has been charge-sheeted for offences punishable under Sections 3(2) and 7 of the Essential Commodities Act, 1955. 3. The prosecution alleges that on 05.10.2023, upon receiving credible information, a vehicle associated with the accused was intercepted. Upon inspection, it was discovered that Accused No.1 was transporting food grains intended for distribution under the Public Distribution System (PDS) without authorization. 4. The Court has heard the submissions of the Learned Counsel for the petitioner and the Learned Counsel for the respondent, the State. 5. It is admitted that food grains meant for distribution under the PDS were seized from a vehicle driven by the accused. While the prosecution alleges that the petitioner was transporting these food grains for PDS distribution, it has failed to provide any material evidence to substantiate this claim. Notably, the seized food grains were not sent for forensic analysis, nor was any evidence collected to demonstrate that the grains originated from Fair Price Shops. In the absence of such evidence, the continuation of criminal proceedings would amount to an abuse of the legal process. - 3 - NC: 2025:KHC-D:2558 CRL.P No. 100606 of 2025 6. In view of the foregoing, the petition is allowed. The impugned proceedings in CC No. 05/2024, on the file of the Senior Civil Judge and JMFC, Banahatti, insofar as they relate to the accused/petitioner, are hereby quashed. Sd/- (HEMANT CHANDANGOUDAR) JUDGE TIN Ct:VH List No.: 1 Sl No.: 17