- 1 - NC: 2025:KHC-D:3022 CRL.P No. 100701 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. 100701 OF 2025 (482(Cr.PC)/528(BNSS)) BETWEEN: 1. AMARESH S/O. BASAPPA MADINOOR AGE. 26 YEARS, OCC. DRIVER, R/O. KUKANAPALLI VILLAGE, TQ AND DIST. KOPPAL. 2. YAMANOORAPPA S/O. HANUMANTAPPA GUDADALLI, AGE. 33 YEARS, OCC. BUSINESS, R/O. KUKANAPALLI VILLAGE, TQ AND DIST. KOPPAL. …PETITIONERS (BY SRI. MANOJ N. BIKKANNAVAR, ADVOCATE) AND: THE STATE OF KARNATAKA R/BY STATE PUBLIC PROSECUTOR, HIGH COURT OF KARNATAKA DHARWAD, THROUGH MUNIRABAD POLICE STATION-580011. …RESPONDENT (BY SRI. ASHOK T.KATTIMANI, AGA) THIS CRIMINAL PETITION IS FILED U/SE. 482 OF CR.P.C. (U/S. 528 OF BNSS, 2023) SEEKING TO, QUASH THE ENTIRE PROCEEDINGS IN CONNECTION WITH C.C.NO. 783/2019 (CRIME NO. 10/2019) REGISTERED BY MUNIRABAD POLICE STATION FOR THE OFFENCE P/U/SEC. 3, 4 OF ESSENTIAL COMMODITIES ACT, PENDING BEFORE THE PRL. CIVIL JUDGE AND JMFC COURT KOPPAL WITH RESPECT TO PETITIONERS/ACCUSED NO. 1 AND 2. 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 13:15:33 +0530 - 2 - NC: 2025:KHC-D:3022 CRL.P No. 100701 of 2025 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 rice was procured from a fair price shop authorized to distribute PDS rice to beneficiaries. 6. In the present case, there is no substantive evidence to establish that the seized rice was meant for distribution under - 3 - NC: 2025:KHC-D:3022 CRL.P No. 100701 of 2025 the PDS. As such, the continuation of criminal proceedings against the petitioners would amount to an abuse of the process of law. 7. Accordingly, I pass the following: ORDER i) The petition is allowed. ii) The impugned proceedings in CC No.783/2019 on the file of Civil Judge and JMFC Koppal, is hereby quashed. Sd/- (HEMANT CHANDANGOUDAR) JUDGE TIN Ct:vh List No.: 1 Sl No.: 15