- 1 - NC: 2025:KHC-D:2705 CRL.P No. 100952 of 2024 IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH DATED THIS THE 11TH DAY OF FEBRUARY, 2025 BEFORE THE HON'BLE MR. JUSTICE HEMANT CHANDANGOUDAR CRIMINAL PETITION NO. 100952 OF 2024 (482(Cr.PC)/528(BNSS)) BETWEEN: 1. ARPATKAN S/O. RAHIMKHAN PATHAN AGE. 59 YEARS, OCC. DRIVER, R/O. BARPET GALLI, VIJAYPUR ROAD, JAMKHANDI, DIST. BAGALKOT-587301. 2. NAJEERAHMAD S/O. HUSENSAB ALAGUNDI AGE. 45 YEARS, OCC. DRIVER, R/O. MAHALINGESHWAR COLONY, JAMKHANDI, DIST. BAGALKOT-587301. …PETITIONERS (BY SRI. GIRISH A.YADAWAD, ADVOCATE) AND: 1. THE STATE OF KARNATAKA R/BY ITS STATE PUBLIC PROSECUTOR, HIGH COURT BUILDING, DHARWAD, THROUGH JAMKHANDI TOWN POLICE STATION, TQ. JAMKHANDI, DIST. BAGALKOT-587301. 2. NINGAPPA S/O. SHANKAR DESAI AGE. 46 YEARS, OCC. GOVT. OFFICIAL NON-GAZETTED, R/O. FOOD INSPECTOR, TAHASILDAR OFFICE, JAMKHANDI, TQ. JAMKHANDI, DIST. BAGALKOT-587301, REP/BY SPP. HCK, DHARWAD. …RESPONDENTS (BY SRI. PRAVEENA Y.DEVAREDDIYAVARA, HCGP FOR R1; NOTICE TO R2 IS SERVED) THIS CRIMINAL PETITION IS FILED U/S 482 OF CR.P.C., SEEKING TO, QUASH THE CRIMINAL PROCEEDINGS IN CC NO.245/2020 INITIATED AGAINST THE PETITIONERS (ACCUSED NOS.1 AND 2) ON THE FILE OF PRL.CIVIL JUDGE AND JMFC, JAMKHANDI FOR THE OFFENCES PUNISHABLE U/S 3, 7, 23 AND 24 OF ESSENTIAL COMMODITIES ACT, 1955. B K MAHENDRAKUMAR Digitally signed by B K MAHENDRAKUMAR Location: HIGH COURT OF KARNATAKA DHARWAD BENCH Date: 2025.02.14 13:20:02 +0530 - 2 - NC: 2025:KHC-D:2705 CRL.P No. 100952 of 2024 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 have been charge-sheeted for offences punishable under Sections 3, 7, 23, and 24 of the Essential Commodities Act, 1955. 2. The prosecution alleges that on 22.06.2019, based on credible information, a vehicle belonging to accused No.2, driven by accused No.1, was intercepted, and upon inspection, it was found that the petitioners/accused were transporting rice meant for distribution under various government schemes, allegedly for unlawful sale in the open market without authorization. 3. Heard the learned counsel for the petitioners and the learned High Court Government Pleader for the respondent/State. 4. Upon interception, the police seized the rice being transported in the vehicle. However: • The police did not send the seized rice to the Forensic Science Laboratory (FSL) to establish that it was meant for distribution under the Public Distribution System (PDS). • The prosecution has not produced any material to prove that the petitioners procured the rice from an authorized fair price shop dealer for distribution to beneficiaries. • In the absence of substantial evidence linking the seized rice to the PDS, prosecuting the petitioners under Sections - 3 - NC: 2025:KHC-D:2705 CRL.P No. 100952 of 2024 3 and 7 of the Essential Commodities Act would amount to an abuse of the process of law. Sd/- (HEMANT CHANDANGOUDAR) JUDGE JTR Ct:vh List No.: 2 Sl No.: 3