- 1 - NC: 2025:KHC-D:3476 CRL.P No. 100885 of 2025 IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH DATED THIS THE 20TH DAY OF FEBRUARY, 2025 BEFORE THE HON'BLE MR. JUSTICE HEMANT CHANDANGOUDAR CRIMINAL PETITION NO. 100885 OF 2025 (482(Cr.PC)/528(BNSS)) BETWEEN: MOULASAB MAKTUMSAB DHALAYAT AGE. 31 YEARS, OCC. BUSINESS, R/O. TAGARI GALLI, GAJENDRAGAD, TQ. GAJENDARAGAD-582114, DIST. GADAG. …PETITIONER (BY SRI. VIJAY S.CHINIWAR, ADVOCATE) AND: 1. THE STATE OF KARNATAKA THROUGH MURGOD POLICE STATION, SAUNDATTI CIRCLE, TQ. SAUNDATTI, DIST. BELAGAVI-591119, REPRESENTED BY STATE PUBLIC PROSECUTOR, HIGH COURT OF KARNATAKA, BENCH AT. DHARWAD-591119. 2. SMT. MAYAVVA SHIVAPPA MUGALIHAL AGE. 58 YEARS, OCC. ANGANWADI SUPERVISOR YARAGATTI-591129, TQ. SAUNDATTI, DIST. BELGAVI, REPRESENTED BY STATE PUBLIC PROSECUTOR, HIGHCOURT OF KARNATAKA BENCH, AT. DHARWAD-591129. …RESPONDENTS (BY SRI. ASHOK T.KATTIMANI, AGA) THIS CRIMINAL PETITION IS FILED U/S 482 OF CR.P.C. (U/S. 528 OF BNSS, 2023) SEEKING TO QUASH THE ENTIRE PROCEEDINGS IN C.C.NO. 885/2023 (MURGOD P.S. CRIME NO. 146/2022) ON THE FILE OF II ADDL. CIVIL JUDGE AND JMFC COURT SAUNDATTI, ITINERATE COURT YARAGATTI, FOR THE OFFENCE P/U/SEC. 3 AND 7 OF ESSENTIAL COMMODITIES ACT AND U/SEC. 3(2) (3), 18(1), KARNATAKA ESSENTIALS, CONTROL, ORDER 2016, IN SO FAR AS PETITIONER/ACCUSED NO.2 IS CONCERNED. Digitally signed by B K MAHENDRAKUMAR Location: HIGH COURT OF KARNATAKA DHARWAD BENCH Date: 2025.02.28 12:29:43 +0530 - 2 - NC: 2025:KHC-D:3476 CRL.P No. 100885 of 2025 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 petitioner/accused No.2 has been charge-sheeted for the offence punishable under Sections 3 and 7 of the Essential Commodities Act, and under Sections 3(2)(3) and 18(1) of the Karnataka Essential Commodities (PDS) Public Control Order, 2016. 2. The prosecution alleges that on 30.05.2022, the complainant received information that an individual named Akshaya Nitin Shinde was injured in a road accident. When the complainant arrived at the scene, it was discovered that a Tavera car had overturned and was filled with packets of milk powder labeled as “Nandini Hola Powder” under the Karnataka Government’s “Ksheera Bhagya” Scheme. 3. The petitioner has been implicated as accused No.2 based on the confession statement of accused No.1, who was the driver of the Tavera car. In his statement, accused No.1 alleged that, on the instruction of petitioner/accused No.2, he purchased the milk powder from accused No.3. 4. Heard the learned counsel for the petitioner and the learned Additional Government Advocate for the respondent–State. 5. Admittedly, the petitioner has been implicated based on the confession statement of accused No.1, who allegedly stated that the Nandini milk powder under the Karnataka Government’s “Ksheera Bhagya” Scheme was purchased from accused No.3 at the instance of accused No.2. However, except for the confession statement of accused - 3 - NC: 2025:KHC-D:3476 CRL.P No. 100885 of 2025 No.1, there is no corroborative material to substantiate the allegation that the petitioner instructed accused No.1 to purchase the milk product from accused No.3. In the absence of any corroborative evidence, the petitioner cannot be prosecuted for the offences alleged solely on the basis of a confession statement, which is inadmissible in law as stated under Section 25 of the Indian Evidence Act. 6. In such circumstances, the continuation of criminal proceedings would be an abuse of the process of law. ORDER i. Accordingly, petition is allowed. ii. The impugned proceedings in C.C.No.885/2023 on the file of II Addl. Civil Judge and JMFC Court Savadatti, Itinerate Court Yaragatti, it relates to accused No.2 is hereby quashed. Pending I.A’s does not survive for consideration. Sd/- (HEMANT CHANDANGOUDAR) JUDGE TIN Ct:vh List No.: 1 Sl No.: 70