- 1 - NC: 2025:KHC-D:2697 CRL.P No. 101060 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. 101060 OF 2024 (482(Cr.PC)/528(BNSS)) BETWEEN: 1. HAJARATALI S/O. ABDULSAB MOMIN, AGE. 30 YEARS, OCC. BUSINESSMAN, R/O. AZAD NAGAR, JAMKHANDI, DIST. BAGALKOT-587301. 2. SMT. MAMTAJ W/O. ANWARBEG URF MIRJAANWARBEG MOGAL, AGE. 72 YEARS, OCC. HOUSEWIFE, R/O. BARPET GALLI, 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. ANAND S/O. REVU RATHOD AGE. 36 YEARS, OCC. STATE GOVT. EMPLOYEE, R/O. FOOD INSPECTOR, TAHASILDAR OFFICE, JAMKHANDI, TQ. JAMKHANDI, DIST. BAGALKOT-587301, REP.BY SPP, HIGH COURT OF KARNATAKA, DHARWAD. …RESPONDENTS (BY SRI. T. HANUMAREDDY, AGA) THIS CRIMINAL PETITION IS FILED U/S 482 OF CR.P.C., SEEKING TO QUASH THE CRIMINAL PROCEEDINGS IN CC NO.1524/2022 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 AND 7 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 13:20:03 +0530 - 2 - NC: 2025:KHC-D:2697 CRL.P No. 101060 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 and 7 of the Essential Commodities Act, 1955. 2. The prosecution alleges that on 17.02.2022, based on credible information, the petitioners/accused had illegally stacked rice meant for distribution under the Public Distribution System (PDS) in a hotel. 3. Heard the learned counsel for the petitioners and the learned Additional Government Advocate for the respondent/State. 4. Admittedly, the seized rice was not sent to the Forensic Science Laboratory (FSL) to establish that it was meant for PDS distribution. There is no evidence that the petitioners had procured the rice from the fair price shops authorized to distribute the rice under PDS to the beneficiaries. In the absence of substantial evidence proving that the seized rice belonged to the PDS, prosecuting the petitioners under Sections 3 and 7 of the Essential Commodities Act would amount to an abuse of the process of law. - 3 - NC: 2025:KHC-D:2697 CRL.P No. 101060 of 2024 5. Accordingly, the petition is allowed. The impugned proceedings in CC No.1524/2022 pending before the Prl. Civil Judge and JMFC, Jamkhandi, are hereby quashed. Sd/- (HEMANT CHANDANGOUDAR) JUDGE JTR Ct:vh List No.: 2 Sl No.: 4