- 1 - NC: 2025:KHC-D:3574 CRL.P No. 100903 of 2025 IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH DATED THIS THE 21ST DAY OF FEBRUARY, 2025 BEFORE THE HON'BLE MR. JUSTICE HEMANT CHANDANGOUDAR CRIMINAL PETITION NO. 100903 OF 2025 (482(Cr.PC)/528(BNSS)) BETWEEN: 1. SHRI. SHIVANAND S/O. BALACHANDRA KUDARI AGE. 32 YEARS, OCC. DRIVER, R/O. HOSUR VILLAGE, TQ. RABAKAVI-BANAHATTI, DIST. BAGALKOT-587101. 2. RAGHVEWNDRA S/O. GAGAPPA TELI AGE. 34 YEARS, OCC. BUSINESSMAN, R/O. RABAKAVI KUMBAR 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, HIGH COURT OF KARNATAKA DHARWAD BENCH AT DHARWAD, R/BY TERDAL P.S. TQ. RABAKAVI BANAHATTI, DIST. BAGALKOT-587101. …RESPONDENT (BY SRI. PRAVEENA Y.DEVAREDDIYAVARA, HCGP) THIS CRIMINAL PETITION IS FILED U/SE. 482 OF CR.P.C. (U/S. 528 OF BNSS, 2023) SEEKING THAT THE CHARGE SHEET SUBMITTED IN TERDAL P.S. CRIME NO. 39/2024 FOR THE OFFENCE P/U/SEC. 3(2) AND 7 OF ESSENTIAL COMMODITIES ACT 1995 WHICH IS REGISTERED IN C.C.NO. 49/2024 ON THE FILE OF SENIOR CIVIL JUDGE AND JMFC BANAHATTI AGAINST PETITIONERS/ACCUSED NO. 1 AND 2 TO QUASHED. Digitally signed by B K MAHENDRAKUMAR Location: HIGH COURT OF KARNATAKA DHARWAD BENCH Date: 2025.02.25 18:00:20 +0530 - 2 - NC: 2025:KHC-D:3574 CRL.P No. 100903 of 2025 THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: THE HON'BLE MR. JUSTICE HEMANT CHANDANGOUDAR ORAL ORDER 1. The learned Additional Government Advocate accepts notice for the respondent. 2. The petitioners/accused Nos.1 and 2, who have been charge-sheeted for offences punishable under Sections 3 and 7 of the Essential Commodities Act, 1955, have approached this Court seeking relief. 3. The prosecution’s case is that, upon receiving credible information that rice meant for distribution under the Public Distribution System (PDS) was being transported in a vehicle without authorization, the complainant, along with panch witnesses, intercepted the vehicle. Upon inspection, it was discovered that petitioner No.1, the driver of the vehicle belonging to accused No.2, was transporting PDS rice without proper authorization. 4. Heard the learned counsel for the petitioners and the learned Additional Government Advocate for the respondent–State. 5. A perusal of the charge sheet material indicates that the sample of the seized rice was not sent to the Forensic Science Laboratory to establish that it was meant for distribution under PDS. Furthermore, the prosecution has failed to provide material evidence to substantiate that the petitioners procured the seized - 3 - NC: 2025:KHC-D:3574 CRL.P No. 100903 of 2025 rice from a Fair Price Shop authorized to distribute provisions to beneficiaries. 6. In light of the prosecution’s failure to establish that the seized rice was meant for distribution under PDS, the continuation of criminal proceedings would amount to an abuse of the process of law. ORDER i) The petition stands allowed. ii) The impugned proceedings in C.C.No.49/2024 on the file of Senior Civil Judge and JMFC, Banahatti, is hereby quashed. iii) Pending application is disposed as not surviving for consideration. Sd/- (HEMANT CHANDANGOUDAR) JUDGE TIN