- 1 - NC: 2025:KHC-D:3251 CRL.P No. 100805 of 2025 IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH DATED THIS THE 18TH DAY OF FEBRUARY, 2025 BEFORE THE HON'BLE MR. JUSTICE HEMANT CHANDANGOUDAR CRIMINAL PETITION NO. 100805 OF 2025 (482(Cr.PC)/528(BNSS)) BETWEEN: 1. SHANTINATH S/O. DEVENDRA PATIL AGE. 45 YEARS, OCC. BUSINESSMAN, R/O. 1ST CROSS, MAIN ROAD, SAMBRA, BASAVANKUDCHI, BELAGAVI, DIST. BELAGAVI-591124. 2. MEHABOBSUBANI S/O. ABDULRAZAK JAMADAR AGE. 34 YEARS, OCC. DRIVER, R/O. HOLIHOSUR, BAILHONGAL, TQ. BELAGAVI, DIST. BELAGAVI. …PETITIONERS (BY SRI. PRASHANT MATHAPATI, ADVOCATE) AND: 1. THE STATE OF KARNATAKA R/BY STATE PUBLIC PROSECUTOR, HIGH COURT OF KARNATAKA, DHARWAD AT DHARWAD, THROUGH MALAMARUTHI POLICE STATION-580001. 2. MALLAPPA S/O. MAHADEVAPPA GANAGI AGE. 59 YEARS, OCC. ASSISTANT DIRECTOR FOOD AND CIVIL SUPPLIES DEPARTMENT, BELAGAVI-591309, REP. BY SPP, HIGH COURT OF KARNATAKA, DHARWAD-580007. …RESPONDENTS (BY SRI. T.HANUMAREDDY, AGA) THIS CRIMINAL PETITION IS FILED U/S 482 OF CR.P.C. (528 OF BNSS), SEEKING TO, QUASH THE ENTIRE PROCEEDINGS IN CC NO.68/2025 PENDING ON THE FILE OF THE JMFC II COURT, BELAGAVI, OFFENCES PUNISHABLE U/S 3 AND 7 OF ESSENTIAL B K MAHENDRAKUMAR Digitally signed by B K MAHENDRAKUMAR Location: HIGH COURT OF KARNATAKA DHARWAD BENCH Date: 2025.02.21 17:16:20 +0530 - 2 - NC: 2025:KHC-D:3251 CRL.P No. 100805 of 2025 COMMODITIES ACT, 1955, IN SO FAR AS PETITIONERS/ACCUSED NO.1 AND 2 ARE CONCERNED. THIS PETITION, COMING ON FOR ADMISSION, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: THE HON'BLE MR. JUSTICE HEMANT CHANDANGOUDAR ORAL ORDER 1. The petitioners/accused are being prosecuted for offences punishable under Sections 3 and 7 of the Essential Commodities Act, 1955. 2. The prosecution’s case is that, based on credible information, that the food grains meant for distribution under the Public Distribution System were transported unauthorisedly, the vehicle belonging to the petitioners/accused was intercepted. Upon inspection, it was discovered that the petitioners/accused were transporting food grains intended for distribution under the Public Distribution System (PDS) without authorization. 3. Heard the learned counsel for the petitioners and the learned Additional Government Advocate for the respondent No.1- State. 4. Perusal of the charge sheet material indicated that sample of the food grains seized from the petitioners/accused was not sent to the forensic Science laboratory to establish that food grains seized were meant for distribution under the Public Distribution System. No evidence is placed that the food grains seized were procured from the Fair price shops authorized to distribute the food grains under the PDS. - 3 - NC: 2025:KHC-D:3251 CRL.P No. 100805 of 2025 5. In the absence of any material to substantiate that the food grains seized from the petitioners/accused was intended for distribution under the Public Distribution System, the continuation of the criminal proceedings would amount to an abuse of the process of law. Accordingly, I proceed to pass the following: ORDER i) The petition is allowed. ii) The impugned proceedings in CC No.68/2025 pending on the file of JMFC II Court, Belagavi, insofar as it relates to the petitioners – accused Nos.1 and 2 stands quashed. Sd/- (HEMANT CHANDANGOUDAR) JUDGE AC Ct:vh List No.: 1 Sl No.: 69