- 1 - NC: 2025:KHC-D:2881 CRL.P No. 100700 of 2025 IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH DATED THIS THE 13TH DAY OF FEBRUARY, 2025 BEFORE THE HON'BLE MR. JUSTICE HEMANT CHANDANGOUDAR CRIMINAL PETITION NO.100700 OF 2025 (482(Cr.PC)/528(BNSS)) BETWEEN: 1. SANTOSH V. V VENKATESH, AGE. 26 YEARS, OCC. DRIVER, R/O. 5TH MAIN, BETHUR ROAD, DIST. DAVANAGERE, KARNATAKA-577001. 2. VENKATESHA TIPPESHA, AGE. 32 YEARS, OCC. BUSINESS, R/O. HOSAPETE, DIST. VIJAYANAGARA, KARNATAKA-583201. 3. KANAKARAJA, S/O. KOTRAPPA, AGE. 43 YEARS, OCC. BUSINESSMAN, R/O. MUUDABHOVI COLONY, BETHUR ROAD, DAVANAGERE, TQ. DIST. DAVANAGERE-577001. …PETITIONERS (BY SRI. MANOJ N.BIKKANNAVAR, ADVOCATE) AND: THE STATE OF KARNATAKA, REPRESENTED BY STATE PUBLIC PROSECUTOR, HIGH COURT OF KARNATAKA, DHARWAD, THROUGH HAGARIBOMMANHALLI POLICE STATION-583212. …RESPONDENT (BY SRI. PRAVEENA Y.DEVAREDDIYAVARA, HCGP) THIS CRIMINAL PETITION IS FILED U/S 482 OF CR.P.C. (528 OF BNSS), PRAYING TO QUASH THE ENTIRE PROCEEDINGS IN CONNECTION WITH CC NO.37/2023 (CRIME NO.116/2022) REGISTERED BY HAGARIBOMMANAHALLI POLICE STATION FOR THE OFFENCES PUNISHABLE U/S 3, 7, 6(A) OF ESSENTIAL Digitally signed by B K MAHENDRAKUMAR Location: HIGH COURT OF KARNATAKA DHARWAD BENCH Date: 2025.02.19 13:15:32 +0530 - 2 - NC: 2025:KHC-D:2881 CRL.P No. 100700 of 2025 COMMODITIES ACT, PENDING BEFORE THE SENIOR CIVIL JUDGE AND JMFC COURT HAGARIBOMMANAHALLI, BALLARI WITH RESPECT TO PETITIONERS/ACCUSED NO.1 TO 3. THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: THE HON'BLE MR. JUSTICE HEMANT CHANDANGOUDAR ORAL ORDER Sri. Praveena Y. Devareddiyavara, learned High Court Government Pleader, accepts notice for the respondent-State. 2. The petitioners/accused Nos. 1 to 3, who are sought to be prosecuted for offences punishable under Sections 3, 7, and 6A of the Essential Commodities Act, 1955, are before this Court seeking to quash the criminal proceedings in C.C. No. 37/2023 pending before the Senior Civil Judge and JMFC, Hagaribommanahalli. 3. The prosecution alleges that on 16.07.2022, the complainant received credible information regarding the illegal transportation of rice meant for distribution under the Public Distribution System (PDS) to sell the same in the black market. The authorities intercepted the vehicles transporting the rice and, upon inspection, found that the petitioners were transporting PDS rice without authorization. 4. Heard the learned counsel for the petitioners and the learned High Court Government Pleader for the respondent-State. 5. The issue involved in these petitions was examined by a Coordinate Bench of this Court in Crl.P. No. 200775/2023 and - 3 - NC: 2025:KHC-D:2881 CRL.P No. 100700 of 2025 other connected petitions, disposed of on 05.07.2023. At paragraphs 5 to 22, it was held as follows: “5. The Essential Commodities Act, 1955 was enacted in the interests of the general public, for the control of the production, supply and distribution of and trade and commerce in certain commodities. 6. Section 3 deals with the powers to control production, supply, distribution, etc., of essential commodities. 7. Section 7 deals with penalties, if any, person contravenes any order made under Section 3 of the Act. 8. Section 10A specifies that, the offences under the Act are cognizable. 9. Section 11 deals with cognizance of offences, and specifies, that no Court shall take cognizance of any offence punishable under this Act except on a report in writing of the facts constituting such offence made by a person who is a public servant as defined in Section 21 of Indian Penal Code or any person aggrieved or any recognized consumer association, whether such person is a member of that association or not. 10. To put it simply, the Court can take cognizance of the offence punishable under this Act on a private complaint in writing by a public servant or on a report in writing of fact including the officer in charge of the Police Station after investigation under Section 173(2) of Cr.PC. In the instant case, in all these cases, the Food Inspector, who is the Authorized Officer under the Control Order, 1992 and Control Order, 2016 has conducted search and seizure of the food grains/rice meant for distribution under PDS. 11. The State Government, in exercise of power conferred under sub-Section (5) of Section 24 of the National Food Security Act, 2013, framed Rules called as Karnataka Essential Commodities Public Distribution (Control) Order, 2016. 12. Rule 19 of the Control Order, 2016 deals with powers of entry, search, seizure etc. The Authorized Officer under Rule 19, if has reason to believe that there is any contravention of the provisions of this order or with a view to securing compliance with this order or to satisfying himself that there is or has been any contravention of the order or with a view to securing information which he has reason to believe would help in detection or prevention of contravention of provisions of this order or diversion - 4 - NC: 2025:KHC-D:2881 CRL.P No. 100700 of 2025 of PDS commodities, may require the owner, or occupier any other person in charge of any place, premises, vehicle or vessel in which he has reason to believe that any contravention of the provisions of this order or of the conditions of any authorization issued there under has been, is being or is about to committed. 13. Clause (2) of Rule 19 of the Control Order, 2016 specifies that, the provisions of Section 100 of Cr.PC relating to search and seizure shall so far may be apply to searches and seizures under this Clause. 14. A conjoint reading of Section 10A of the Essential Commodities Act and Rule 19 of the Control Order, 2016 indicate that, if the Food Inspector has any reason that, there has been any contravention of the provisions of the Control Order, 2016, he can conduct search and seizure of the vehicle, in which, it is alleged that, the food grains meant for distribution under PDS is being transported unauthorizedly. 15. Though the offences are cognizable, Rule 19 of the Control Order, 2016 empowers the Authorized Officer to conduct search and seizure so as to satisfy himself that, there has been contravention of the order, and there is no requirement for the Authorized Officer to register FIR, and thereafter conduct search and seizure of the food grains meant for distribution under PDS. 16. Section 100 of Cr.PC specifies that whenever any place liable to search or inspection under this Chapter is closed, any person residing in, or being in charge of, such place shall on demand of the officer or other person executing the warrant, and on production of the warrant, allow him free ingress thereto, and afford all reasonable facilities for a search therein. 17. A reading of the said provision indicates that, the search can be conducted in respect of the place after obtaining a warrant. In the instant case, the search and seizure of the food grains were from the vehicles, in which, it is alleged that, the food grains meant for distribution under PDS were transported unauthorizedly. The Food Inspector, who is authorized under Rule 19 of the Control Order, 2016, is empowered to conduct search and seizure without obtaining a warrant from the learned Magistrate. Hence, the search and seizure conducted by the Food Inspector is in accordance with the provisions contained in Control Order, 2016. 18. The petitioners - accused herein have been implicated for the offences punishable under Sections 3 and 7 of the Essential Commodities Act including the provisions of the Control Order, 1992. Rule 21 of the Control Order, 2016 read as follows: - 5 - NC: 2025:KHC-D:2881 CRL.P No. 100700 of 2025 "21. Repeal and Savings: The Karnataka Essential Commodities Public Distribution System (Control) Order 1992 is hereby repealed. Provided that such repeal shall affect: (a) the previous operation of the said orders or anything duty done or suffered there under. Or (b) any right, privilege, application or liability acquire, accrued or incurred under the said order; or (c) any penalty, forfeiture or punishment incurred in respect of any offence committed against the said order: or (d) any investigation, legal proceedings or remedy in respect of any such right, privilege, application, liability, penalty, forfeiture or punishment as aforesaid: and any such investigation, legal proceeding or remedy may be instituted continued, or enforced and any such penalty, forfeiture or punishment may be imposed as if the said orders have not been repealed." 19. A reading of Rule 21 indicates that, the Control Order, 1992 is repealed with effect from the publication of 2016 Order in the official gazette, i.e. 10.6.2016. The offences alleged against the petitioners - accused are allegedly committed after commencement of the Control Order, 2016, and despite the repealing of the Control Order, 1992, the petitioners - accused have been implicated for the offences punishable under the Control Order, 1992. Article 20(1) of the Constitution of India specifies that no person shall be convicted for breach of law, which is not in force at the time of commission of such offence. Hence, the registration of FIR culminating in taking cognizance of the offence punishable under Control Order, 1992 stands vitiated. 20. The Coordinate Bench of this Court in W.P.No.36438- 439/2014 and W.P.No.36542/2014 (GM-EC) disposed of on 03.12.2014, at Para No.14, has held as under:- "14. In the instant case, petitioners are not authorized dealers. They are not shown to be engaged in purchase, storage or sale of food grains which were issued to the authorized dealer for distribution under the public distribution system. Therefore, essential ingredient explicitly stated under Clause 18 (a) i.e., the goods / commodities must have been issued to the authorized dealer under the public distribution system is missing. No finding is recorded by the 1st respondent in this regard. In fact, there is no material whatsoever to indicate this aspect. - 6 - NC: 2025:KHC-D:2881 CRL.P No. 100700 of 2025 Therefore, as rightly contended by the learned counsel for the petitioners, unless there is material to show that the commodities were issued to an authorized dealer for distribution under the public distribution system or that a person other than the authorized dealer had sought to purchase or sell or store or offer for sale food grains meant for distribution under public distribution system through the price depots, prohibition contained under Clause 18 (a) of the Control Order would not be attracted. In the absence of such findings such action will not attract penal measure including seizure or forfeiture." 21. Perusal of the charge sheet material indicates that, the allegation against the accused herein is that, they were transporting the food grains meant for distribution under PDS unauthroizedly. The charge sheet material does not disclose as to where the accused procured the food grains meant for distribution under PDS, and also no material is placed that, the seized food grains were meant for distribution under PDS. In the absence of any material that, the seized food grains were meant for distribution under PDS, the registration of FIR culminating in laying the charge sheet stands vitiated. 22. The Food Inspector is only authorized to conduct search and seizure of the food grains meant for distribution under PDS as specified under Rule 19 of the Control Order, 2016. If a person is transporting rice which is notified as an essential commodity without permit, it is for the police concerned to seize the same by following due process of law.” 6. In the present case, there is no substantive evidence to establish that the rice transported by the petitioners was meant for distribution under the Public Distribution System. In the absence of such evidence, the continuation of criminal proceedings against the petitioners/accused Nos. 1 to 3 would amount to an abuse of the process of law. Accordingly, I pass the following: ORDER i) The petition is allowed. - 7 - NC: 2025:KHC-D:2881 CRL.P No. 100700 of 2025 ii) The criminal proceedings in C.C. No. 37/2023 pending before the Senior Civil Judge and JMFC, Hagaribommanahalli, insofar as they relate to the petitioners/accused Nos. 1 to 3, are hereby quashed. Pending application(s) if any, is disposed of. Sd/- (HEMANT CHANDANGOUDAR) JUDGE KMS Ct:vh List No.: 1 Sl No.: 15