- 1 - NC: 2025:KHC-D:3576 CRL.P No. 100913 of 2025 IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH DATED THIS THE 21ST DAY OF FEBRUARY, 2025 BEFORE THE HON'BLE MR. JUSTICE HEMANT CHANDANGOUDAR CRIMINAL PETITION NO. 100913 OF 2025 BETWEEN: 1. NAGARAJ J S/O. SHANKARAA AGE. 39 YEARS, OCC. DRIVER, R/O. DRIVER OF LORRY NO.KA35C4722, NEAR SIDDARUDA MATT, DEVASAMUDRA VILLAGE, TQ. KAMLI AND DIST. BALLARI-583132. 2. DASTAGIRI SAB S/O. SHAIK SAB AGE. 50 YEARS, OCC. BUSINESSMAN, R/O. KOLI BAZAR , 7TH WARD, TQ. KUDUTHINI AND DIST. BALLARI-583115. 3. PRATHEEK S/O. V RAHALAD AGE. 40 YEARS, OCC. BUSINESSMAN, R/O. WARD NO. 25, MAHADEVI ROAD, BSNL OFFICE, TQ. CHALLAKERE, DIST. CHITRADURGA-577522. …PETITIONERS (BY SRI. KAMALAKAR MOHAN SANKESHWAR, ADVOCATE) AND: THE STATE OF KARNATAKA REPRESENTED BY STATE PUBLIC PROSECUTOR, HIGH COURT OF KARNATAKA, DHARWAD, THROUGH KUDUTHINI POLICE STATION-583115. …RESPONDENT (BY SRI. ASHOK T. KATTIMANI, AGA) 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. 369/2021 (CRIME NO. 74/2020) REGISTERED BY KUDUTHINI POLICE STATION FOR THE Digitally signed by B K MAHENDRAKUMAR Location: HIGH COURT OF KARNATAKA - 2 - NC: 2025:KHC-D:3576 CRL.P No. 100913 of 2025 OFFENCES PUNISHABLE U/S. 3, 6(A), 7 OF ESSENTIAL COMMODITIES ACT, 1955, U/S. 3, 4, 12, 18, 19 OF KARNATAKA ESSENTIAL COMMODITIES (PUBLIC DISTRIBUTION SYSTEM) PUBLIC CONTROL ORDER, 2016, AND U/S. 3(2)(I), 4, 6, 8 OF KARNATAKA ESSENTIAL COMMODITIES (STORAGE ACCOUNTS MAINTAINING VALUE NOTIFICATION) ORDER 1981, PENDING BEFORE THE PRL. CIVIL JUDGE AND JMFC, BALLARI WITH RESPECT TO PETITIONERS/ ACCUSED NO.1, 2 AND 3. 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 have challenged the registration of complaint and FIR by the Kuduthini P.S in Crime no. 74/2020 and cognizance order in C.C No. 369/2021 dated 12.02.2021 for the offences punishable under 3, 6(A), 7 of Essential Commodities Act, 1955, U/S 3,4,12,18,19 of Karnataka Essential Commodities (Public Distribution system) public Control Order, 2016 and U/s 3(2)(i), 4,6,8 of Karnataka Essential Commodities (Storage Accounts maintaining value notification) Order, 1981. 2. The prosecution alleges that, on 22.06.2020 at 5.15 pm upon receiving credible information, the food inspector along with panch witnesses and his staff, intercepted the vehicle of the petitioners. During the inspection, it was discovered that the petitioners were transporting the rice illegally without any licence and permit in order to sell the same in black market. - 3 - NC: 2025:KHC-D:3576 CRL.P No. 100913 of 2025 3. Heard the learned counsel for the petitioners and learned Additional Government Advocate for the respondent – State. 4. The prosecution has not produced the report submitted by the forensic science lab to substantiate that the rice seized from the petitioner was meant for PDS. Further, the prosecution has not placed any substantive evidence to establish that the petitioners had procured the rice from a fair price shop authorized to distribute to the beneficiaries. In the absence of any substantive evidence that the rice seized was meant for distribution under PDS, the continuation of criminal proceedings would be an abuse of process of law. Accordingly, I pass the following: ORDER (i) The criminal petition is allowed. (ii) The impugned proceeding in C.C.No.369/2021 (Crime No.74/2020) registered by Kuduthini Police Station is hereby quashed. (iii) Pending I.A’s if any, does not survive for consideration and are accordingly disposed of. Sd/- (HEMANT CHANDANGOUDAR) JUDGE TIN List No.: 1 Sl No.: 25