- 1 - NC: 2025:KHC-D:3954 CRL.P No. 101088 of 2025 C/W CRL.P No. 101018 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. 101088 OF 2025 C/W CRIMINAL PETITION NO. 101018 OF 2025 IN CRL.P. NO.101088 OF 2025: BETWEEN: 1. HANUMANTHAPPA S/O. VENKATESHAPPA, AGE. 47 YEARS, OCC. LABOURER, CURRENT R/O. 1ST WARD, NEAR SUNKLAMMA TEMPLE, GADIGANOORU, TQ. HOSAPETE AND DIST. VIJAYANAGARA-583201, PERMANENT R/O. 2ND WARD, LAKSHMI BAZAR, HOSA DAROJI VILLAGE, TQ. BALLARI, DSIT. BALLARI-583101. 2. PARUSHURAMA S/O. MARISWAMY AGE. 24 YEARS, OCC. DRIVER, R/O. 15TH WARD, INDIRA NAGARA, TQ. GANGAVATHI AND DIST. KOPPAL-583227. 3. BHEEMESH S/O. MUDUKAPPA AGE. 45 YEARS, OCC. LABOURER, R/O. 21ST WARD, MURARI NAGAR, TQ. GANGAVATHI AND DIST. KOPPAL-583227. …PETITIONERS (BY SMT. BHAGYASHREE N.B, ADVOCATE) AND: THE STATE OF KARNATAKA REP. BY STATE PUBLIC PROSECUTOR, HIGH COURT OF KARNATAKA DHARWAD, THROUGH HOSPET RURAL POLICE STATION-583135. …RESPONDENT (BY SRI. PRAVEENA Y.DEVAREDDIYAVARA, HCGP) Digitally signed by R HEMALATHA Location: HIGH COURT OF KARNATAKA - 2 - NC: 2025:KHC-D:3954 CRL.P No. 101088 of 2025 C/W CRL.P No. 101018 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. 1175/2022 (CRIME NO. 12/2022) REGISTERED BY HOSAPETE RURAL POLICE STATION FOR THE OFFENCES U/S. 3, 6(A), 7 OF ESSENTIAL COMMODITIES ACT 1955, U/S. 3(2)(I), 4, 6, 8 OF KARNATAKA ESSENTIAL COMMODITIES (STORAGE ACCOUNTS MAINTENANCE VALUE NOTIFICATION) ORDER 1981, U/S. 3, 4, 12, 18 OF KARNATAKA ESSENTIAL COMMODITIES (PUBLIC DISTRIBUTION SYSTEM) PUBLIC CONTROL ORDER 2016, U/S. 420 OF IPC 1860, PENDING BEFORE THE II ADDL. CIVIL JUDGE AND JMFC COURT, HOSAPETE, WITH RESPECT TO PETITIONERS/ ACCUSED NO.1, 2, AND 3. IN CRL.P. NO.101018 OF 2025: BETWEEN: 1. SRIKANH S/O. HUCHAPPA AE. 29 YEARS, OCC. DRIVER, R/O. HAMPAS, TQ. H.B HALLI, TALUK AND DIST. VIJAYANAGAR-591222. 2. BHAJANTRI BASAVARAJA AGE. 41 YEARS, OCC. BUSINESSMEN, R/O. HAMPASAGAR, TQ. H.B.HALLI AND DIST. VIJAYANAGAR-591222. 3. KORAVARA SHIVARAJA AGE. 38 YEARS, OCC. BUSINESSMAN, R/O. HADAGALI, TQ. HADAGALI AND DIST. VIJAYANAGAR-591222. …PETITIONERS (BY SMT. BHAGYASHREE N.B, ADVOCATE) AND: THE STATE OF KARNATAKA REP. BY STATE PUBLIC PROSECUTOR, HIGH COURT OF KARNATAKA, DHARWAD, THROUGH HADAGALI POLICE STATION-583201. …RESPONDENT (BY SRI. PRAVEENA Y.DEVAREDDIYAVARA, HCGP) THIS CRIMINAL PETITION IS FILED U/S 482 OF CR.P.C. (U/S 528 OF BNSS, 2023) SEEKING TO QUASH THE ENTIRE - 3 - NC: 2025:KHC-D:3954 CRL.P No. 101088 of 2025 C/W CRL.P No. 101018 of 2025 PROCEEDINGS IN CONNECTION WITH C.C. NO.416/2022 (CRIME NO.189/2021) REGISTERED BY HADAGALI POLICE STATION FOR THE OFFENCES PU/S 3, 6(A), 7 OF ESSENTIAL COMMODITIES ACT, 1955, U/S. 3, 4, 12, 18, 19 OF KARNATAKA ESSENTIAL COMMODITIES ACT (PUBLIC DISTRIBUTION SYSTEM) PUBLIC CONTROL ORDER 2016, U/S. 3(2)(i), 4, 8 OF KARNATAKA ESSENTIAL COMMODITIES (STORAGE ACCOUNTS MAINTAINING VALUE NOTIFICATION) ORDER, 1981 AND U/S. 420 OF IPC, PENDING BEFORE THE CIVIL JUDGE AND JMFC HADGALI WITH RESPECT TO PETITIONERS/ACCUSED NO.1 TO 3. THESE PETITIONS, COMING ON FOR ADMISSION, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: THE HON'BLE MR. JUSTICE HEMANT CHANDANGOUDAR ORAL ORDER 1. The issues involved in these petitions are similar; therefore, they are heard together and taken up for final disposal. 2. The petitioners/accused have been charge-sheeted for offences punishable under Sections 3, 6(A), and 7 of the Essential Commodities Act, 1955; Sections 4, 6, and 8 of the Karnataka Essential Commodities (Storage, Accounts, Maintaining Value Notification) Order, 1981; Sections 3, 4, 12, and 18 of the Karnataka Essential Commodities (PDS) Public Control Order, 2016; and Section 420 of the Indian Penal Code. 3. The prosecution alleges that upon receiving credible information that unknown persons were transporting food grains/rice intended for distribution under the Public Distribution System, the complainant intercepted a vehicle and, upon inspection, found that the petitioners/accused were transporting rice designated for PDS distribution, allegedly for unlawful sale in the open market without authorization. - 4 - NC: 2025:KHC-D:3954 CRL.P No. 101088 of 2025 C/W CRL.P No. 101018 of 2025 4. Heard the learned counsel for the petitioners and the learned High Court Government Pleader for the respondent/State. 5. 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. 6. Accordingly, the petitions are allowed. The impugned proceedings in CC No.1175/2022, on the file of the learned II Addl. Civil Judge and JMFC, Hosapete and the proceedings in CC No.416/2022 pending on the file of learned Civil Judge and JMFC, Hadagali, are hereby quashed. Sd/- (HEMANT CHANDANGOUDAR) JUDGE JTR Ct:vh List No.: 1 Sl No.: 107