- 1 - NC: 2025:KHC-D:3646 CRL.P No. 100892 of 2025 IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH DATED THIS THE 21ST DAY OF FEBRUARY, 2025 BEFORE THE HON'BLE MR. JUSTICE M.NAGAPRASANNA CRIMINAL PETITION NO. 100892 OF 2025 (482(Cr.PC)/528(BNSS)) BETWEEN: 1. SHRI. HAJAPPA S/O BHIMAPPA KARISHETTI, AGE. 46 YEARS, OCC. DRIVER R/O. HOSUR VILLAGE, TQ. RABAKAVI-BANAHATTI DIST. BAGALKOT -587101. 2. SHRI. MANASURALI S/O ALLAVUDDIN SAYYAD, AGE. 24 YEARS, OCC. DRIVER R/O. RABAKAVI BHARPETH GALLI, TQ. RABAKAVI-BANAHATTI DIST. BAGALKOT -587101. …PETITIONERS (BY SRI SHRIKANT K. DESHPANDE, ADVOCATE) AND: THE STATE OF KARNATAKA, R/BY JAMAKHANDI RURAL PS, R/BY STATE PUBLIC PROSECUTOR HIGHCOURT OF KARNATAKA DHARWAD, BENCH AT DHARWAD, REP. BY TERDAL P.S. TQ. RABAKAVI BANAHATTI, DIST. BAGALKOT- 587351. …RESPONDENT (BY SRI SHARAD V. MAGADUM, AGA) Digitally signed by VISHAL NINGAPPA PATTIHAL Location: High Court of Karnataka, Dharwad Bench, Dharwad - 2 - NC: 2025:KHC-D:3646 CRL.P No. 100892 of 2025 THIS CRIMINAL PETITION IS FILED U/S 528 OF THE BHARATIYA NAGARIK SURAKSHA SANHITA, 2023, PRAYING TO THAT CHARGE SHEET SUBMITTED IN TERDAL P.S. CRIME NO.94/2022 FOR THE OFFENCES PUNISHABLE U/S 7 AND 3(2) OF ESSENTIAL COMMODITIES ACT 1995, WHICH IS REGISTERED AS CC NO.63/2023 ON THE FILE OF SENIOR CIVIL JUDGE AND JMFC BANAHATTI AGAINST PETITIONER NO.1 AND 2 (ACCUSED NO.2 AND 3) BE QUASHED IN THE ENDS OF JUSTICE. B. THAT ANY OTHER RELIEFS DEEMED FIT IN THE CIRCUMSTANCES OF THE CASE BE GRANTED. THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: ORAL ORDER (PER: THE HON'BLE MR. JUSTICE M.NAGAPRASANNA) 1. The learned counsel appearing for the petitioner Sri.Shrikant K.Deshpande submits that the issue in the lis stands covered by the judgment rendered by the Coordinate Bench in Crl.P.No.200830/2023 disposed on 10th July 2023. 2. The learned AGA Sri. Sharad V. Magadum would not dispute the position of law as laid down by the Coordinate Bench in the aforesaid judgment. - 3 - NC: 2025:KHC-D:3646 CRL.P No. 100892 of 2025 3. In that light, this petition deserves to succeed. The Coordinate Bench has held as follows: “06. 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. 07. Rule 19 of the Control Order, 2016 deals with powers of entry, search, seizure etc. The Food Inspector is one of the Officer authorize to conduct search and seizure. Clause (2) of Rule 19 of the Control Order, 2016 specifies that, the provisions of Section 100 of Cr.P.C. relating to search and seizure shall so far may be apply to searches and seizures under this Clause. 08. Section 100 of Cr.P.C. specifies that whenever any place liable to search or inspection under Chapter VII 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. 09. In the instance case, the search was made on a transport vehicle and not on a premises. Hence, there is no question of Food Inspector obtaining search warrant before conducting search. 10. The Food Inspector is authorized to conduct search and seizure of rice meant for distribution under the PDS, which is transported in contravention of the provisions contained in the Control Order, 2016. 11. The Coordinate Bench of this Court in W.P.Nos.36438-439/2014 and W.P.No.36542/2014 (GMEC) 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 - 4 - NC: 2025:KHC-D:3646 CRL.P No. 100892 of 2025 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. 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." 12. The prosecution has not placed any material that, the rice seized from the possession of the accused is meant for distribution under the Public Distribution System. In the absence of any corroborative material, the continuation of the criminal proceedings against the petitioners – accused - 5 - NC: 2025:KHC-D:3646 CRL.P No. 100892 of 2025 herein, will be an abuse of process of law. Accordingly, I pass the following: O R D E R I. The Criminal Petition is allowed. II. The impugned proceedings in FIR No.147/2022, registered by the Sindanoor Rural Police Station, Dit: Raichur, pending on the file of the Additional Civil Judge (Jr. Dn) and JMFC Court, Sindhanoor, Raichur, is hereby quashed. In view disposal of main petition, the pending I.As. if any do not survive for consideration and hence, they are disposed of.” 4. In the light of the aforesaid submission, which is in unison, the petition deserve to succeed and the impugned crime to be quashed. 5. For the aforesaid reasons, I pass the following: ORDER i. The Criminal Petition is allowed. ii. The impugned proceedings in FIR No.94/2022, registered by the Teradal Police Station, Dist: Bagalkot, pending on the file of the Senior Civil Judge and JMFC, Banhatti, is hereby quashed. SD/- (M.NAGAPRASANNA) JUDGE RHR/- List No.: 1 Sl No.: 137