- 1 - HC-KAR NC: 2025:KHC-D:12961 WP No. 106097 of 2025 IN THE HIGH COURT OF KARNATAKA, AT DHARWAD DATED THIS THE 23RD DAY OF SEPTEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE S.VISHWAJITH SHETTY WRIT PETITION NO. 106097 OF 2025 (GM-RES) BETWEEN: 1. BHARAT CHAVADA, AGE. MAJOR, OCC. TRANSPORT BUSINESS, R/O. AHMEDABAD, GUJURAT, PIN-380 001. 2. RAJU CHAVADA, AGE. MAJOR, OCC. DRIVER, R/O. AHMEDABAD, GUJURAT, PIN-380 001. 3. ANDABAI VAKADAR, AGE. MAJOR, OCC. TRANSPORT BUSINESS, R/O. AHMEDABAD, GUJURAT, PIN-380 001. 4. JAYARAM UGREJA, AGE. MAJOR, OCC. DRIVER, R/O. AHMEDABAD, GUJURAT, PIN-380 001. 5. SACHIN SIDDAPPA KABBUR, AGE. 42 YEARS, OCC. APMC TRADER, R/O. HAVERI, DIST. HAVERI, PIN-581 110. … PETITIONERS (BY SRI. M.L. VANTI, ADVOCATE) RAKESH S HARIHAR Digitally signed by RAKESH S HARIHAR Location: HIGH COURT OF KARNATAKA DHARWAD BENCH - 2 - HC-KAR NC: 2025:KHC-D:12961 WP No. 106097 of 2025 AND: 1. STATE OF KARNATAKA, BY PSI BENDIGERI POLICE STATION, HUBLI SOUTH, SUB DIVISION HUBLI, REPRESENTED BY STATE PUBLIC PROSECUTOR, HIGH COURT OF KARNATAKA, DHARWAD BENCH-580 001. 2. SHIVAPPA S/O MAHADEVAPPA VANALLI, AGE. 41 YEARS, OCC. GOVT. OFFICIAL NON GAZETTED, R/O. ZONAL NO.3, ASST. DIRECTOR FOOD CIVIL SUPPLIES OFFICE, LAMINGTON ROAD, HUBBALLI, KARNATAKA, REPRESENTED BY STATE PUBLIC PROSECUTOR, HIGH COURT OF KARNATAKA, DHARWAD BENCH-580 001. 3. DISTRICT COMMISSIONER, DHARWAD-580 001. … RESPONDENTS (BY SMT. GIRIJA S. HIREMATH, HCGP) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA R/W 482 OF CR.P.C. (UNDER SECTION 528 OF BNSS), PRAYING TO ISSUE A WRIT IN THE NATURE OF CERTIORARI OR ANY OTHER APPROPRIATE WRIT, ORDER OR DIRECTION AND QUASH THE COMPLAINT AND FIR REGISTERED IN BENDIGERI POLICE STATION CRIME NO.0104/2025 PENDING ON THE FILE OF JMFC 3RD COURT, HUBBALLI DHARWAD DISTRICT FOR THE OFFENCES PUNISHABLE UNDER SECTIONS 3 AND 7 OF ESSENTIAL COMMODITIES ACT, 1955, 3(2)(3), 18(1), KARNATAKA ESSENTIAL COMMODITIES (PUBLIC DISTRIBUTION SYSTEM) PUBLIC CONTROL ORDER 2016 VIDE ANNEXURE-C AND D IN THE INTEREST OF JUSTICE AND EQUITY AND DECLARE THAT THE PROCEEDINGS INITIATED UNDER SECTIONS 3 AND 7 OF ESSENTIAL COMMODITIES ACT 1955 AND SEIZING THE RICE AND TRUCK IS ILLEGAL AND THE SAID PROVISIONS ARE NOT APPLICABLE TO PETITIONER. - 3 - HC-KAR NC: 2025:KHC-D:12961 WP No. 106097 of 2025 THIS PETITION IS COMING ON FOR PRELIMINARY HEARING, THIS DAY, ORDER IS MADE THEREIN AS UNDER: ORAL ORDER (PER: THE HON'BLE MR. JUSTICE S.VISHWAJITH SHETTY) 1. Petitioners are before this Court in this petition filed under Sections 226 and 227 of the Constitution of India read with Section 528 of the BNSS 2023 seeking for the following reliefs: i. Issue a writ in the nature of Certiorari or any other appropriate writ, order or direction and quash the Complaint and FIR registered in Bendigeri Police Station Crime No.0104/2025 pending on the file of JMFC 3rd Court, Hubballi Dharwad District for the offences punishable under Sections 3 and 7 of Essential Commodities Act, 1955, 3(2)(3), 18(1), Karnataka Essential Commodities (Public Distribution System) Public Control Order 2016 vide Annexure-c and d in the interest of justice and equity. ii. Declare that the proceedings initiated under sections 3 and 7 of Essential Commodities Act 1955 and seizing the rice and truck is illegal and the said provisions are not applicable to petitioner. - 4 - HC-KAR NC: 2025:KHC-D:12961 WP No. 106097 of 2025 2. Heard the learned counsel for the parties. 3. Learned counsel for the petitioners submits that allegation against the petitioners is that they were found transporting PDS rice in the vehicles belonging to them, illegally, without having valid documents. He submits that petitioners had valid documents for transporting the rice in vehicles bearing registration No.GJ/VV-8084 and GJ04/AW 6386, from APMC Yard Haveri to Vasad at Anand District in Gujarat State. 4. Learned HCGP who was directed to take notice on the last date and verify about the genuineness and correctness of the documents produced along with the petition, on instructions submits that the documents produced along with the petition are all genuine and the petitioners had valid documents to transport rice, which was seized in the present case. The only allegation against the petitioners is that they were found transporting rice in the aforesaid two vehicles from Haveri to Gujarat State, without possessing valid documents and since the HCGP has now - 5 - HC-KAR NC: 2025:KHC-D:12961 WP No. 106097 of 2025 submitted the documents produced along with this petition by the petitioners are valid documents for the purpose of transporting the rice seized in the present case, I am of the view that the prayer made in this petition needs to be granted. Accordingly, the following order:- Writ petition is allowed. The entire proceedings in Crime No.104 of 2025 registered by Bendigeri Police Station, pending on the court of JMFC III Court, Hubballi Dharwad district for the offence punishable under Sections 3 and 7 of Essential Commodities Act, 1955, and Sections 3(2)(3), 18(1) of Karnataka Essential Commodities (Public Distribution System) Public Control Order 2016, stands quashed. Sd/- (S.VISHWAJITH SHETTY) JUDGE VMB CT:BCK LIST NO.: 1 SL NO.: 44