- 1 - NC: 2025:KHC-D:3023 CRL.P No. 100702 of 2025 IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH DATED THIS THE 14TH DAY OF FEBRUARY, 2025 BEFORE THE HON'BLE MR. JUSTICE HEMANT CHANDANGOUDAR CRIMINAL PETITION NO. 100702 OF 2025 (482(CR.PC)/528(BNSS)) BETWEEN: HONNAPPA K. S/O HANUMANTHAPPA K., AGE: 43 YEARS, OCC: LABOURER, R/O: 9TH WARD, RAJAJI NAGARA, 1ST CROSS, HOSAPETE, VIJAYANAGARA, KARNATAKA, PIN: … PETITIONER (BY SRI. MANOJ N. BIKKANNAVAR, ADVOCATE) AND: THE STATE OF KARNATAKA, R/BY STATE PUBLIC PROSECUTOR, HIGH COURT OF KARNATAKA, DHARWAD, THROUGH SANDUR POLICE STATION-580 011. … RESPONDENT (BY SRI. PRAVEENA Y. DEVAREDDIYAVARA, AGA) THIS CRIMINAL PETITION IS FILED U/S 482 OF CR.P.C. (528 OF BNSS), PRAYING TO QUASH THE ENTIRE PROCEEDINGS IN CONNECTION WITH C.C. NO.600/2022 (CRIME NO.95/2022) REGISTERED BY SANDUR POLICE STATION FOR THE OFFENCES PUNISHABLE U/S 3, 5, 7 OF ESSENTIAL COMMODITIES ACT, U/S 3, 4, 6, 8 OF KARNATAKA ESSENTIAL COMMODITIES (STORAGE ACCOUNTS MAINTAINING VALUE NOTIFICATION) ORDER 1981 AND U/S 3, 4, 12, 18 AND 19 OF KARNATAKA ESSENTIAL COMMODITIES (PUBLIC DISTRIBUTION SYSTEM) PUBLIC CONTROL ORDER 2016, PENDING BEFORE THE CIVIL JUDGE AND JMFC COURT SANDUR, BALLARI WITH RESPECT TO PETITIONER/ACCUSED NO.1, IN THE INTEREST OF JUSTICE. THIS PETITION IS COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: B K MAHENDRAKUMAR Digitally signed by B K MAHENDRAKUMAR Location: HIGH COURT OF KARNATAKA DHARWAD BENCH Date: 2025.02.20 12:20:20 +0530 - 2 - NC: 2025:KHC-D:3023 CRL.P No. 100702 of 2025 CORAM: THE HON'BLE MR. JUSTICE HEMANT CHANDANGOUDAR ORAL ORDER 1. The learned Additional Government Advocate accepts notice for the respondent. 2. The petitioners/accused, who have been charge- sheeted for the offence punishable under Section 34 of the Essential Commodities Act, have approached this Court seeking relief. 3. The prosecution alleges that, upon receiving credible information, authorities intercepted a vehicle belonging to accused No. 1 and, during inspection, allegedly discovered that the petitioners were transporting rice meant for distribution under the Public Distribution System (PDS). 4. Heard the learned counsel for the petitioners and the learned Additional Government Advocate for the respondent. 5. Admittedly, rice was seized from the petitioners/accused. Therefore, it was incumbent upon the investigating officer to send samples of the seized rice to the Forensic Science Laboratory (FSL) to establish whether it was meant for distribution under the PDS. The prosecution has also failed to place any material on record to establish that the petitioners/accused had procured the seized rice from a fair price shop authorized to distribute PDS rice to beneficiaries. - 3 - NC: 2025:KHC-D:3023 CRL.P No. 100702 of 2025 6. In the present case, there is no substantive evidence to establish that the seized rice was meant for distribution under the PDS. As such, the continuation of the criminal proceedings would amount to an abuse of the process of law. 7. Accordingly, I pass the following: ORDER i) The petition stands allowed. ii) The impugned proceedings in CC No.200/2022 on the file of Civil Judge and JMFC Sandur, is hereby quashed. Sd/- (HEMANT CHANDANGOUDAR) JUDGE TIN CT:BCK List No.: 1 Sl No.: 16