- 1 - NC: 2025:KHC-D:3951 CRL.P No. 101086 of 2025 IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH DATED THIS THE 27TH DAY OF FEBRUARY, 2025 BEFORE THE HON'BLE MR. JUSTICE HEMANT CHANDANGOUDAR CRIMINAL PETITION NO. 101086 OF 2025 BETWEEN: 1. MANUKUMARA S/O. YALLAPPA AGE. 47 YEARS, OCC. DRIVER, R/O. DRIVER OF AUTO KA35C2151, HOSALLI VILLAGE, TQ. KUDLIGI AND DIST. BALLARI-583135. 2. BASAVARAJ S/O. THIMMANNA A T AGE. 50 YEARS, OCC. FARMER, R/O. DRIVER OF AUTO KA35C2151, HOSALLI VILLAGE, TQ. KUDLIGI AND DIST. BALLARI. 3. BANDEPPA DODDA GOLLARAHATTI AGE. 45 YEARS, OCC. FARMER, R/O. DODDA GOLLARAHATTI VILLAGE, TQ. KUDLIGI AND DIST. BALLARI-583135. 4. SHREE NIDHI AGE. 40 YEARS, OCC. BUSINESS, R/O. SHREE NIDHI RICE MIL, CHEELIKERE TOWN, TQ. CHELLAKERE, DIST. CHITRADURGA-577522. …PETITIONERS (BY SMT. BHAGYASHREE N.B, ADVOCATE) AND: THE STATE OF KARNATAKA RPERESENTED BY STATE PUBLIC PROSECUTOR, HIGH OCURT OF KARNATAKA, DHARWAD, THROUGH KUDLIGI POLICE STATION-583135. …RESPONDENT (BY SRI. T.HANUMAREDDY, AGA) Digitally signed by R HEMALATHA Location: HIGH COURT OF KARNATAKA - 2 - NC: 2025:KHC-D:3951 CRL.P No. 101086 of 2025 THIS CRIMINAL PETITION IS FILED U/S 482 OF CR.P.C. (528 OF BNSS), PRAYING TO, QUASH THE ENTIRE PROCEEDINGS IN CONNECTION WITH C.C. NO. 156/2021 (CRIME NO. 20/2020) REGISTERED BY KUDLIGI POLICE STATION FOR THE OFFENCES PUNISHABLE U/S. 3, 6(A), 7 OF ESSENTIAL COMMODITIES ACT 1955, U/S. 4, 5, 8 OF KARNATAKA ESSENTIAL COMMODITIES (STORAGE ACCOUNTS MAINTENANCE VALUE NOTIFICATION) ORDER 1981, U/S. 3, 4, 12, 18, 19 OF KARNATAKA ESSENTIAL COMMODITIES (PUBLIC DISTRIBUTION SYSTEM) PUBLIC CONTROL ORDER 2016, U/S. 420 OF IPC 1860, PENDING BEFORE THE SENIOR CIVIL JUDGE AND JMFC, KUDLIGI, BALLARI, WITH RESPECT TO PETITIONERS/ ACCUSED NO.1, 2, 3 AND 4. THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: THE HON'BLE MR. JUSTICE HEMANT CHANDANGOUDAR ORAL ORDER The petitioners/accused Nos.1 to 4 have been charge- sheeted for offences punishable under Sections 3, 6(A), 7 of the Essential Commodities Act, 1955, Section 4, 5, 8 of the Karnataka Essential Commodities (Storage Accounts Maintenance Value Notification) Order 1981, Sections 3, 4, 12, 18, 19 of the Karnataka Essential Commodities (PDS) Public Control Order, 2016 and Section 420 of IPC. 2. The prosecution alleges that on receiving credible information that some unknown persons are transporting food grains/rice meant for distribution under the Public Distribution Scheme, a vehicle belonging to accused No. 2, driven by accused No. 1, was intercepted. Upon inspection, it was found that the petitioners/accused were transporting the rice meant for distribution under PDS, allegedly for unlawful sale in the open market without authorization. - 3 - NC: 2025:KHC-D:3951 CRL.P No. 101086 of 2025 3. Heard the learned counsel for the petitioners and the learned Addl. Government Advocate 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 intended 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 and 7 of the Essential Commodities Act would amount to an abuse of the process of law. 5. Accordingly, the petition is allowed. The impugned proceedings in CC No.156/2021, on the file of the learned Senior Civil Judge and JMFC, Kudligi, are hereby quashed. Sd/- (HEMANT CHANDANGOUDAR) JUDGE JTR Ct:vh List No.: 1 Sl No.: 54