- 1 - NC: 2025:KHC-D:3904 CRL.P No. 101063 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. 101063 OF 2025 BETWEEN: 1. HANUMANTHAPPA S/O. RAMANJINAPPA AGE. 44 YEARS, OCC. FACTORY WORKER, R/O. TELUGARA STREET, 12TH WARD, KUDUTHINI TOWN, BALLARI DISTRICT. 2. DASTAGIRI SAB S/O. SHAIK SAB AGE. 49 YEARS, OCC. BUSINESSMAN, R/O. KOLI BAZAR KUDUTHINI TOWN, BALLARI TALUK, BALLARI DISTRICT. …PETITIONERS (BY SRI. RESHMA MADIWALAR, ADVOCATE) AND: 1. THE STATE OF KARNATAKA BY SHO KUDUTHINI POLICE STATION, DIST. BALLARI, REPRESENTED BY SPP, HIGH COURT OF KARNATAKA, DHARWAD-580011. 2. SHARANABASAYYA S/O. SANGANA BASAYYA AGE. 54 YEARS, OCC. FOOD INSPECTOR, R/O. TALUK OFFICE, DIST. BALLARI-583101, REP. BY SPP, HIGH COURT OF KARNATAKA, DHARWAD-580011. …RESPONDENTS (BY SRI. T.HANUMAREDDY, AGA) THIS CRIMINAL PETITION IS FILED U/S 482 OF CR.P.C. (528 OF BNSS), PRAYING TO, QUASH THE CHARGE SHEET IN CC NO.1055/2021 FOR OFFENCES U/S 3, 6(A), 7 OF THE ESSENTIAL COMMODITIES ACT 1955 AND U/S 3, 4, 12, 18, 19 OF THE KARNATAKA ESSENTIAL COMMODITIES (PUBLIC DISTRIBUTION SYSTEM) PUBLIC CONTROL ORDER 2016 AND U/S 3(2)(i), 4, 6, 8 OF Digitally signed by R HEMALATHA Location: HIGH COURT OF KARNATAKA - 2 - NC: 2025:KHC-D:3904 CRL.P No. 101063 of 2025 KARNATAKA ESSENTIAL COMMODITIES (STORAGE ACCOUNTS MAINTAINING VALUE NOTIFICATION) ORDER 1981 AND U/S 420 OF IPC (CRIME NO.157/2020 BEFORE KUDUTHINI PS) AND NOW PENDING ON THE FILE OF THE V ADDL.CIVIL JUDGE AND JMFC COURT AT BALLARI, IN SO FAR AS PETITIONERS/ACCUSED NO.1 AND 2 ARE CONCERNED. THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: THE HON'BLE MR. JUSTICE HEMANT CHANDANGOUDAR ORAL ORDER Sri. T.Hanumareddy, learned Additional Government Advocate accepts notice for the respondents. 2. The petitioners/accused, who have been charge- sheeted for offences punishable under Sections 3, 6A, and 7 of the Essential Commodities Act, 1955; Sections 3, 4, 12, 18, and 19 of the Karnataka Essential Commodities (Public Distribution System) Public Control Order, 2016; Sections 3(2)(i), 4, 6, and 8 of the Karnataka Essential Commodities (Storage, Accounts, Maintaining Value Notification) Order, 1981; and Section 420 of the Indian Penal Code, 1860, are before this Court seeking to quash the proceedings in C.C. No.1055/2021, pending on the file of the V Additional Civil Judge and JMFC, Hosapete. 3. The prosecution alleges that, upon receiving credible information that rice meant for distribution under the Public Distribution System was being transported without authorization, - 3 - NC: 2025:KHC-D:3904 CRL.P No. 101063 of 2025 the complainant and his staff intercepted a vehicle and, upon inspection, found that the petitioner was transporting rice designated for distribution under the Public Distribution System without proper authorization. 4. Heard the learned counsel for the petitioners and the learned Additional Government Advocate for the respondents. 5. The prosecution has annexed a copy of the FSL Report to the charge sheet. A review of the FSL Report indicates that the sample of rice seized from the petitioners was of standard quality; however, the report does not state that the rice was intended for distribution under the Public Distribution System. Furthermore, the prosecution has not established that the petitioners procured the rice from a fair price shop that is authorized to distribute rice to beneficiaries. In the absence of any evidence to substantiate that the rice seized from the petitioners was meant for distribution under the Public Distribution System, the continuation of the criminal proceedings would be an abuse of the process of law. 6. Hence, I pass the following: ORDER i) Accordingly, the petition is allowed. ii) The criminal proceedings in C.C. No.1055/2021 pending on the file of the V Additional Civil Judge and JMFC, - 4 - NC: 2025:KHC-D:3904 CRL.P No. 101063 of 2025 Ballari, insofar as it relates to petitioners/accused Nos.1 and 2, is hereby quashed. Pending I.As., if any, do not survive for consideration and are disposed off accordingly. Sd/- (HEMANT CHANDANGOUDAR) JUDGE KMS Ct:vh List No.: 1 Sl No.: 48