- 1 - NC: 2025:KHC-D:2019 CRL.P No. 100898 of 2023 C/W CRL.P No. 104184 of 2022 CRL.P No. 104253 of 2022 IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH DATED THIS THE 31ST DAY OF JANUARY, 2025 BEFORE THE HON'BLE MR. JUSTICE M.NAGAPRASANNA CRIMINAL PETITION NO.100898 OF 2023 (482(Cr.PC)/528(BNSS)) C/W CRIMINAL PETITION NO. 104184 OF 2022 CRIMINAL PETITION NO. 104253 OF 2022 IN CRL.P.NO.100898/2023: BETWEEN: 1. PARAPPA URF PARASHURAM S/O. MARUTI KHOT, AGE: 55 YERS, OCC: BUSINESSMAN, R/O: CHABUXARAWADI, TQ: MIRAJ, DIST: SANGLI, MAHARASHTRA STATE – 416 410. 2. SHRISHAIL S/O. SHIVAPPA KARANDI, AGE: 38 YEARS, OCC: AGRICULTURIST, R/O: ADIHUDI, TQ: JAMKHANDI, DIST: BAGALKOT – 587 301. …PETITIONERS (BY SRI GIRISH A. YADAWAD, ADVOCATE) AND: 1. THE STATE OF KARNATAKA, REPRESENTED BY ITS PUBLIC, PROSECUTOR, HIGH COURT BUILDING, DHARWAD, THROUGH DEPUTY COMMISSIONER, BAGALKOT, BAGALKOT, DIST: BAGALKOT – 587 301, AND ALSO THROUGH THE SAVALAGI POLICE STATION, TQ: JAMKHANDI, DIST: BAGALKOT – 587 301. Digitally signed by VISHAL NINGAPPA PATTIHAL Location: High Court of Karnataka, Dharwad Bench, Dharwad - 2 - NC: 2025:KHC-D:2019 CRL.P No. 100898 of 2023 C/W CRL.P No. 104184 of 2022 CRL.P No. 104253 of 2022 2. TAHASILDAR JAMKHANDI, REPRESENTED BY FOOD INSPECTOR, JAMKHANDI, DIST: BAGALKOT – 587 311. …RESPONDENTS (BY SRI SHARAD V. MAGADUM, AGA FOR R1 AND R2) THIS CRIMINAL PETITION IS FILED U/SEC. 482 OF CR.P.C., 1973, PRAYING TO QUASH THE CRIMINAL PROCEEDINGS IN C. C. NO. 489/2019 INITIATED AGAINST THE PETITIONERS (ACCUSED NOS. 3 AND 4) ON THE FILE OF PRL. CIVIL JUDGE AND JMFC, JAMAKHANDI FOR THE OFFENCES PUNISHABLE UNDER SECTION 3 AND 7 OF ESSENTIAL COMMODITIES ACT, 1955 AND ETC., IN CRL.P.NO.104184/2022: BETWEEN: 1. UTTAM S/O. HANAMANTRAO AWALEKAR, AGE: 50 YEARS, OCC: AGRICULTURIST, R/O: SALAGARE, DIST: SANGLI, MAHARASHTRA STATE – 410 001. 2. MALLIKARJUN S/O. SHIVARAYA HONRAV, AGE: 58 YEARS, OCC: AGRICULTURIST, R/O: CHABHUKSAWARWADI(SALAGARE), DIST: SANGLI, MAHARASHTRA STATE – 410 001. …PETITIONERS (BY SRI GIRISH A. YADAWAD, ADVOCATE) AND: 1. THE STATE OF KARNATAKA, REPRESENTED BY ITS PUBLIC, PROSECUTOR, HIGH COURT BUILDING, DHARWAD, THROUGH DEPUTY COMMISSIONER, BAGALKOT, BAGALKOT, DIST: BAGALKOT – 587 301, 2. TAHASILDAR JAMKHANDI, REPRESENTED BY FOOD INSPECTOR, SRI NINGAPPA S/O. SHANKAR DESAI, PREVIOUS FOOD INSPECTOR, JAMKHANDI, DIST: BAGALKOT – 587 311. …RESPONDENTS (BY SRI SHARAD V. MAGADUM, AGA) - 3 - NC: 2025:KHC-D:2019 CRL.P No. 100898 of 2023 C/W CRL.P No. 104184 of 2022 CRL.P No. 104253 of 2022 THIS CRIMINAL PETITION IS FILED U/SEC. 482 OF CR.P.C., 1973, PRAYING TO QUASH THE ORDER DATED 28.04.2022 PASSED BY THE 1ST RESPONDENT IN NO.ANAS/ECA/CR/71/2018-19/109 AND THE ORDER DATED 05.11.2022 PASSED BY THE I ADDITIONAL DISTRICT AND SESSIONS JUDGE, BAGALKOT TO SIT AT JAMKHANDI, AT JAMKHANDI IN CRL.RP NO.5039/2022 AND ETC., IN CRL.P.NO.104253/2022: BETWEEN: 1. UTTAM S/O. HANAMANTRAO AWALEKAR, AGE: 50 YEARS, OCC: AGRICULTURIST, R/O: SALAGARE, DIST: SANGLI, MAHARASHTRA STATE. 2. MALLIKARJUN S/O. SHIVARAYA HONRAV, AGE: 58 YEARS, OCC: AGRICULTURIST, R/O: CHABHUKSAWARWADI(SALAGARE), DIST: SANGLI, MAHARASHTRA STATE. …PETITIONERS (BY SRI GIRISH A. YADAWAD, ADVOCATE) AND: 1. THE STATE OF KARNATAKA, REPRESENTED BY ITS PUBLIC, PROSECUTOR, HIGH COURT BUILDING, DHARWAD, THROUGH DEPUTY COMMISSIONER, BAGALKOT, BAGALKOT, DIST: BAGALKOT – 587 301, AND ALSO THROUGH THE SAVALAGI POLICE STATION, TQ: JAMKHANDI, DIST: BAGALKOT – 587 301. 2. TAHASILDAR JAMKHANDI, REPRESENTED BY FOOD INSPECTOR, JAMKHANDI, DIST: BAGALKOT – 587 311. …RESPONDENTS (BY SRI SHARAD V. MAGADUM, AGA) THIS CRIMINAL PETITION IS FILED U/SEC. 482 OF CR.P.C., 1973, PRAYING TO QUASH THE CRIMINAL PROCEEDINGS IN C. C. NO. 489/2019 INITIATED AGAINST THE PETITIONERS (ACCUSED NOS. 1 AND 2) ON THE FILE OF PRL. CIVIL JUDGE AND JMFC, JAMAKHANDI FOR THE OFFENCES PUNISHABLE UNDER - 4 - NC: 2025:KHC-D:2019 CRL.P No. 100898 of 2023 C/W CRL.P No. 104184 of 2022 CRL.P No. 104253 of 2022 SECTIONS 3 AND 7 OF ESSENTIAL COMMODITIES ACT, 1955 INSOFAR AS THE PETITIONER/ACCUSED NOS.1 AND 2 ARE CONCERNED IN THE INTERESET OF JUSTICE AND ETC., THESE CRIMINAL PETITIONS, COMING ON FOR FINAL HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: ORAL ORDER (PER: THE HON'BLE MR. JUSTICE M.NAGAPRASANNA) 1. The learned counsel appearing for the petitioners Sri Girish A. Yadawad submits that the issue in the lis stands covered by the judgment rendered by the Coordinate Bench in Crl.P.No.200830/2023 disposed on 10th July 2023. 2. The learned AGA Sri. Sharad V. Magadum would not dispute the position of law as laid down by the Coordinate Bench in the aforesaid judgment. 3. In that light, this petitions deserves to succeed. The Coordinate Bench has held as follows: “06. The State Government, in exercise of power conferred under sub-Section (5) of Section 24 of the National Food Security Act, 2013, framed Rules called as Karnataka Essential Commodities Public Distribution (Control) Order, 2016. 07. Rule 19 of the Control Order, 2016 deals with powers of entry, search, seizure etc. The Food Inspector is - 5 - NC: 2025:KHC-D:2019 CRL.P No. 100898 of 2023 C/W CRL.P No. 104184 of 2022 CRL.P No. 104253 of 2022 one of the Officer authorize to conduct search and seizure. Clause (2) of Rule 19 of the Control Order, 2016 specifies that, the provisions of Section 100 of Cr.P.C. relating to search and seizure shall so far may be apply to searches and seizures under this Clause. 08. Section 100 of Cr.P.C. specifies that whenever any place liable to search or inspection under Chapter VII is closed, any person residing in, or being in charge of, such place shall on demand of the officer or other person executing the warrant, and on production of the warrant, allow him free ingress thereto, and afford all reasonable facilities for a search therein. 09. In the instance case, the search was made on a transport vehicle and not on a premises. Hence, there is no question of Food Inspector obtaining search warrant before conducting search. 10. The Food Inspector is authorized to conduct search and seizure of rice meant for distribution under the PDS, which is transported in contravention of the provisions contained in the Control Order, 2016. 11. The Coordinate Bench of this Court in W.P.Nos.36438-439/2014 and W.P.No.36542/2014 (GMEC) disposed of on 03.12.2014, at Para No.14, has held as under:- "14. In the instant case, petitioners are not authorized dealers. They are not shown to be engaged in purchase, storage or sale of food grains - 6 - NC: 2025:KHC-D:2019 CRL.P No. 100898 of 2023 C/W CRL.P No. 104184 of 2022 CRL.P No. 104253 of 2022 which were issued to the authorized dealer for distribution under the public distribution system. Therefore, essential ingredient explicitly stated under Clause 18 (a) i.e., the goods / commodities must have been issued to the authorized dealer under the public distribution system is missing. No finding is recorded by the 1st respondent in this regard. In fact, there is no material whatsoever to indicate this aspect. Therefore, as rightly contended by the learned counsel for the petitioners, unless there is material to show that the commodities were issued to an authorized dealer for distribution under the public distribution system or that a person other than the authorized dealer had sought to purchase or sell or store or offerfor sale food grains meant for distribution under public distribution system through the price depots, prohibition contained under Clause 18 (a) of the Control Order would not be attracted. In the absence of such findings such action will not attract penal measure including seizure or forfeiture." 12. The prosecution has not placed any material that, the rice seized from the possession of the accused is meant for distribution under the Public Distribution System. In the absence of any corroborative material, the continuation of the criminal proceedings against the petitioners – accused herein, will be an abuse of process of law. Accordingly, I pass the following: - 7 - NC: 2025:KHC-D:2019 CRL.P No. 100898 of 2023 C/W CRL.P No. 104184 of 2022 CRL.P No. 104253 of 2022 O R D E R I. The Criminal Petition is allowed. II. The impugned proceedings in FIR No.147/2022, registered by the Sindanoor Rural Police Station, Dit: Raichur, pending on the file of the Additional Civil Judge (Jr. Dn) and JMFC Court, Sindhanoor, Raichur, is hereby quashed. In view disposal of main petition, the pending I.As. if any do not survive for consideration and hence, they are disposed of.” 4. In the light of the aforesaid submission, which is in unison, the petitions deserves to succeed and the impugned crime to be quashed. 5. For the aforesaid reasons, I pass the following: ORDER i. The Criminal Petitions are allowed. ii. The impugned proceedings in C.C.No.489/2019, pending on the file of the Prl. Civil Judge and JMFC, Jamakhandi, is hereby quashed. Sd/- (M.NAGAPRASANNA) JUDGE KGK/CT-ASC / List No.: 1 Sl No.: 59