- 1 - HC-KAR NC: 2025:KHC-D:8480 CRL.P No. 102580 of 2025 IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH DATED THIS THE 8TH DAY OF JULY, 2025 BEFORE THE HON'BLE MR. JUSTICE VENKATESH NAIK T CRIMINAL PETITION NO. 102580 OF 2025 (482 OF Cr.PC/528 OF BNSS) BETWEEN: GURUBASAPPA MAHALINGAPPA NAGARAL, S/O. MAHALINGAPPA NAGARAL, AGED ABOUT 72 YEARS, OCC: BUSINESSMAN, R/O. GANDHINAGAR, BILAGI, TQ. BILAGI, DISTRICT. BAGALKOT, KARNATAKA, PINCODE-587116. …PETITIONER (BY SRI. AVINASH M. ANGADI, ADVOCATE) AND: 1. THE STATE OF KARNATAKA, THROUGH BILAGI POLICE STATION, REP. BY ITS STATE PUBLIC PROSECUTOR, HIGH COURT OF KARNATAKA, DHARWAD-580011. 2. ANVAR LALASAB SANADI S/O. LALASAB SANADI, AGE: 38 YEARS, OCC: FOOD INSPECTOR IN BILAGI, R/O. TEM OFFICE BILAGI, HUBANUR VILLAGE, TQ & DISTRICT VIJAYAPUR, NOW AT: SIMIKERI VILLAGE, TQ AND DISTRICT BAGALKOT, KARNATAKA, PINCODE-587104, REP. BY ITS STATE PUBLIC PROSECUTOR, HCK, DHARWAD. …RESPONDENTS (BY SMT. KIRTILATA R. PATIL, HCGP) THIS CRIMINAL PETITION IS FILED U/S.482 OF CR.P.C. (U/S.528 OF BNSS, 2023) SEEKING TO ALLOW THIS PETITION AND QUASH THE COMPLIANT, FIR IN CRIME NO.0099/2025 REGISTERED BY BALLARI POLICE STATION PENDING ON THE FILE OF THE JMFC COURT (SENIOR DIVISION) BILAGI FOR THE ALLEGED OFFENCES PUNISHABLE UNDER SECTION 3(2) AND 7 OF ESSENTIAL COMMODITIES ACT-1955 IN RESPECT OF THE PETITIONER HEREIN, IN THE INTEREST OF JUSTICE. Digitally signed by RAKESH S HARIHAR Location: High Court of Karnataka, Dharwad Bench - 2 - HC-KAR NC: 2025:KHC-D:8480 CRL.P No. 102580 of 2025 THIS PETITION, COMING ON FOR ADMISSION, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: ORAL ORDER (PER: THE HON'BLE MR. JUSTICE VENKATESH NAIK T) Heard learned counsel Sri.Avinash M.Angadi for the petitioner and Smt.Kirtilata Patil, HCGP for respondent- State. 2. The petitioner has filed this petition under Section 528 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (482 of Cr.P.C.) to quash the entire proceedings in Crime No.99/2025 of Biligi Police Station, pending on the file of JMFC Court(Senior Division) Bilagi for the offence punishable under Sections 3(2) and 7 of Essential Commodities Act-1955. 3. The brief facts of the prosecution case are as under: On 29.05.2025 at 7 p.m., the first informant received credible information that rice meant for distribution under Government Schemes was being stored at the Shop of - 3 - HC-KAR NC: 2025:KHC-D:8480 CRL.P No. 102580 of 2025 Gurubasappa Mahalingappa Nagaral/petitioner located opposite Bank of Baroda, Bilagi. Upon receiving this information, the de-facto complainant informed the higher authorizes, secured permission and conducted raid and seized 252 Kgs of rice which was stored in two gunny bags. Thus, a case has been registered which leads to the registration of FIR and investigation. Taking exception of the same, the petitioner has filed this petition. 4. Learned counsel for the petitioner submits that the issue in the subject has been covered by the judgments rendered by the Co-ordinate Benches of this Court in Criminal Petition No.102201/2019 disposed of on 02.02.2022 and another Crl.P.No.4233/2016. The Co- ordinate Bench of this Court in Crl.P.No.4233/2016 has held as under: “3. As on 16.5.2016 a case has been registered in Crime No.230/2016 by the Sub- Inspector, Challakere Police Station, within the jurisdiction of the Court of Principal Civil Judge - 4 - HC-KAR NC: 2025:KHC-D:8480 CRL.P No. 102580 of 2025 and JMFC, Challakere and therefore the petitioners are before this Court. 4. The learned counsel Sri S.P.Kulkarni would contend that insofar as enforcement of the Essential Commodities Act is concerned, there are specific provisions under the Karnataka Essential Commodities (Public Distribution System) Control Order, 1992, which are applicable to the present case on hand. Paragraph 19 thereof provides as follows: 19. Powers of Entry, Search, Seizure, etc.: (1) The Director of Food and Civil Supplies, the Joint Directors of Food and Civil Supplies, or the Tahsildar of a taluk, and Authorized Authority or any other officer of the Department of Food and Civil Supplies not below the rank of a Food Inspector within their jurisdiction may with such assistance, if any, as he thinks fit and if he has reason to believe that there is or has been any contravention of the provisions of this order or with a view to securing compliance with this order or to satisfying himself that there is or has been any contravention of the order: (a) require the owner, occupier or any other person in charge of any place, premises, vehicle or vessel in which he has reason to believe that any contravention of the provisions of this order or of the - 5 - HC-KAR NC: 2025:KHC-D:8480 CRL.P No. 102580 of 2025 conditions of any authorization issued there under has been, is being or is about to be committed, to produce any books, accounts or other documents showing transactions relating to such contraventions: (b) enter, inspect or break open and search any place or premises, vehicle or vessel in which he has reason to believe that any contravention of the provisions of this order orof the conditions of any authorization issued there under has been, is being or is about to be committed; . (c) take or cause to be taken extracts from or copies of any documents showing transactions relating to such contraventions which are produced before him; (d) search, seize and remove books, accounts and other documents and stocks of essential commodity and the animals vehicles, vessels or other conveyance used in carrying the said essential commodities in contravention of the provisions of this order, or of the conditions of the authorization issued there under and thereafter take or authorize the taking of all measures necessary for securing the production of stocks, of essential commodity and the animals, vehicles, vessels or other conveyance so seized, in a Court for their safe custody pending such production. (2) The provisions of Section 100 of the Code of Criminal Procedure, 1973 (Central Act 2 of 1974) relating to search and seizure shall so far may be, apply to searches and seizures clause." - 6 - HC-KAR NC: 2025:KHC-D:8480 CRL.P No. 102580 of 2025 5. The learned counsel would therefore contend that from the tenor of the above stated Section, the mechanism for regulating and enforcing the Essential Commodities Act and the prevention of any such illegal transaction or sale of foodgrains is under the power and control of officers authorized by the State Government and the said powers cannot be enforced or exercised by police, as in the present case on hand the entire action of the police authorities is illegal and without jurisdiction and the seizure of the foodgrains which are now kept in the open space are susceptible and certainly would cause loss to the petitioners and therefore would submit on the sole ground that the seizure search and seizure of foodgrains has been made illegal and without jurisdiction, the entire proceedings ought to be quashed and the goods be released in favour of the petitioners. 6. 6. The learned State Public Prosecutor would concede that the said regularization namely The Karnataka Essential Commodities (Public Distribution System) Control Order, 1992 does prescribe the Authority or the Officers who could carry out search and seizure of foodgrains to - 7 - HC-KAR NC: 2025:KHC-D:8480 CRL.P No. 102580 of 2025 which the provisions of the Essential Commodities Act and other alike provisions would apply and that the seizure by the police was without authority cannot be the glaring circumstance.” and in the Criminal Petition No.101580/2017 this Court has held as follows: “Having heard the argument of both the sides, there is no dispute with regard to the fact that the raid was conducted and the rice was seized at the instance of the persons who are engaged in loading the good grains to the lorry on 06.06.2017 and all these petitioners claims that they are the owner of the godown, driver of the vehicle and also the owner of the rice and the petitioners in support of their contention that they have purchased the rice from the APMC they have relied upon the receipt issued by the APMC which is annexed along with this petition and the same is dated 5.6.2017 apart from that the report which has been received recently confirms that the food grains which has been seized is not the PDS rice samples and when such being the case, I am of the opinion that continuing of proceedings initiated against the - 8 - HC-KAR NC: 2025:KHC-D:8480 CRL.P No. 102580 of 2025 petitioners is nothing but an abuse of process and it amounts to miscarriage of justice and hence it is a fit case to exercise powers under Section 482 of Cr.P.C. to quash the proceedings initiated against the petitioners.” 5. In the light of the orders passed by this Court supra, the following: ORDER 1) The Criminal petition is allowed. 2) The Proceedings in Crime No.99/2025 registered by Bilagi Police Station pending on the file of JMFC Court(Senior Division) Bilagi stands quashed against the petitioner. Sd/- (VENKATESH NAIK T) JUDGE HMB CT-AN List No.: 2 Sl No.: 16