- 1 - NC: 2025:KHC-D:3950 CRL.P No. 101015 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. 101015 OF 2025 BETWEEN: 1. GOPI T S/O. THIPPAYYA AGE. 41 YEARS, OCC. DRIVER, R/O. BUDDANAHATTI VILLAGE, TQ. CHALLAKERE, TALUK AND DIST. CHITRADURGA-577501. 2. CHANDRANNA S/O. OBANNA AGE. 55 YEARS, OCC. OWNER, R/O. SANIKERE VILLAGE, TQ. CHALLAKERE AND DIST. CHITRADURGA-577501. …PETITIONERS (BY SRI. BHAGYASHREE N.B, ADVOCATE) AND: THE STATE OF KARNATAKA REPRESENTED BY STATE PUBLIC PROSECUTOR, HIGH COURT OF KARNATAKA, DHARWAD, THROUGH KOTTURU POLICE STATION-583201. …RESPONDENT (BY SRI. ASHOK T.KATTIMANI, AGA) THIS CRIMINAL PETITION IS FILED U/SE. 482 OF CR.P.C. (U/S. 528 OF BNSS, 2023) SEEKING TO, QUASH THE ENTIRE PROCEEDINGS IN CONNECTION WITH C.C.NO. 965/2023 (CRIME NO. 24/2023) REGISTERED BY KOTTURU POLICE STATION FOR THE OFFENCE P/U/SEC. 3 AND 7 OF ESSENTIAL COMMODITIES ACT, 1955, PENDING BEFORE TH CIVIL JUDGE AND JMFC KUDLIGI WITH RESPECT TO PETITIONERS/ACCUSED NO. 1 AND 2. THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: Digitally signed by R HEMALATHA Location: HIGH COURT OF KARNATAKA - 2 - NC: 2025:KHC-D:3950 CRL.P No. 101015 of 2025 CORAM: THE HON'BLE MR. JUSTICE HEMANT CHANDANGOUDAR ORAL ORDER 1. The petitioners/accused Nos. 1 and 2 have been charge-sheeted for offences under Sections 3 and 7 of the Essential Commodities Act, 1955. These sections prohibit the unauthorized procurement, possession, or sale of essential commodities. 2. The prosecution alleges that, upon receiving credible information that individuals were transporting food grains specifically rice intended for distribution under the Public Distribution Scheme (PDS) the complainant and his staff intercepted a vehicle involved in the matter. This vehicle, which belongs to Accused No. 2 and is driven by Accused No. 1, was found to be carrying rice unauthorisedly that was designated for PDS distribution. 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). - 3 - NC: 2025:KHC-D:3950 CRL.P No. 101015 of 2025 • 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.965/2023, on the file of the learned Civil Judge and JMFC, Kudligi, are hereby quashed. Sd/- (HEMANT CHANDANGOUDAR) JUDGE JTR Ct:vh List No.: 1 Sl No.: 37