- 1 - NC: 2025:KHC-D:3903 CRL.P No. 101061 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.101061 OF 2025 BETWEEN: SHREEKANTH S/O. HEMANNA NADULUMANI, AGE: 25 YEARS, OCC: DRIVER TRUCK, R/O. 6TH WARD, NEAR DARGA, THALAKALLU VILLAGE, KUKUNOORU (T). KOPPAL DISTRICT. …PETITIONER (BY SMT. RESHMA MADIWALAR, ADVOCATE) AND: 1. THE STATE OF KARNATAKA, BY SHO, HOSPET RURAL POLICE STATION, DIST VIJAYANAGARA, R/BY SPP HIGH COURT OF KARNATAKA, DHARWAD 580011. 2. AJITH KUMAR R., S/O. VASUDEV R, AGE. 33 YEARS, OCC. FOOD INSPECTOR, R/O. TALUK, TQ. HOSAPETE, DIST. VIJAYANAGARA-583201, REP. BY SPP, HIGH COURT OF KARNATAKA, DHARWAD-580011. …RESPONDENTS (BY SRI. ASHOK T.KATTIMANI, AGA FOR R1 & R2) THIS CRIMINAL PETITION IS FILED U/S 482 OF CR.P.C. (528 OF BNSS), PRAYING TO QUASH THE CHARGE SHEET IN CC NO.2419/2022 FOR OFFENCES U/S 3, 6(A), 7 OF THE ESSENTIAL COMMODITIES ACT 1955 AND U/S 3, 4, 12, 18 OF THE 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 AND U/S 420 OF IPC (CRIME NO.71/2022 BEFORE HOSPET RURAL PS) AND NOW PENDING ON THE FILE OF THE 2ND ADDL.CIVIL JUDGE (JR.DN) AND JMFC COURT AT HOSPETE IN SO FAR AS PETITIONER/SOLE ACCUSED IS CONCERNED. Digitally signed by R HEMALATHA Location: HIGH COURT OF KARNATAKA - 2 - NC: 2025:KHC-D:3903 CRL.P No. 101061 of 2025 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. Ashok T.Kattimani, learned Additional Government Advocate accepts notice for the respondents. 2. The petitioner/accused, who has been charge-sheeted for offences punishable under Sections 3, 6A, and 7 of the Essential Commodities Act, 1955; Sections 3, 4, 12, and 18 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, is before this Court seeking to quash the proceedings in C.C. No. 2419/2022, pending on the file of the II 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, the complainant and his staff intercepted the vehicle and, upon inspection, found that the petitioner was transporting the rice without proper authorization. 4. Heard the learned counsel for the petitioner 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 - 3 - NC: 2025:KHC-D:3903 CRL.P No. 101061 of 2025 that the sample of rice seized from the petitioner 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 petitioner procured the rice from a fair price shop that is authorized to distribute rice to beneficiaries. In the absence of evidence to substantiate that the rice seized from the petitioner 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.2419/2022 pending on the file of the II Additional Civil Judge (Jr. Dn.) and JMFC, Hosapete, insofar as it relates to petitioner/accused, 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.: 46