- 1 - HC-KAR NC: 2025:KHC:21643 CRL.P No. 7065 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 20TH DAY OF JUNE, 2025 BEFORE THE HON'BLE MR JUSTICE S.R.KRISHNA KUMAR CRIMINAL PETITION NO. 7065 OF 2025 (482(Cr.PC) / 528(BNSS) BETWEEN: 1. MUSHTHAQ AHAMMAD AGED ABOUT 40 YEARS S/O ABDULL HAMEED, GULISTHAN HOUSE INFRONT OF HP PET, PRANTHYA VILLAGE, MUDABIDRE, MANGALERE CITY KARNATAKA – 574 227 2. MOHAMMED KALANDER S/O ABOOBAKKAR AGED ABOUT 30 YEARS, ARABIGUDDE S.VS COLLEGE ROAD, AMTADI VILLAGE, BANTWAL – 574 211 3. MOHAMMED RAFEEQ S/O MOHAMMED, AGED ABOUT 35 YEARS, DOOR NO.2-352/2, POYYAGUDDE HOUSE, NEAR PRIMARY SCHOOL, PADANGADI, BANTWAL DK – 574 217 4. UBAID @ UBAIDULL S/O LATE IBRAHIM AGED ABOUT 44 YEARS, MEEMPRI CROSS, KINYA, KINYA VILLAGE KARNATAKA – 574 023 5. RAMEEZ RAJ S/O U A IBRAHIM AGED ABOUT 37 YEARS, 1-115/9-1, BEHIND NAFEESA, MARRIAGE HALL, KOTEKAR MANGALORE CITY KARNATAKA – 575 022 Digitally signed by CHANDANA B M Location: High Court of Karnataka - 2 - HC-KAR NC: 2025:KHC:21643 CRL.P No. 7065 of 2025 6. GADIYAR ABDUL RAFEEQ, S/O PODIMONU, AGED ABOUT 44YEARS, 1-288/3 PANTDAKA HOUSE, NERALAKATTE, NETLA MUDNUR, BANTWAL, DK – 574 243 …PETITIONERS (BY SRI. TALHA ISMAIL BENGRE, ADVOCATE) AND: 1. STATE OF KARNATAKA ULLAL POLICE STATION, REPRESENTED BY SPP HIGH COURT BUILDING, BANGALORE – 560 001 2. PRAKASH, S/O SHIVALINGAPPA, AGED ABOUT 45 YEARS, FOOD INSPECTOR, TAHASILDAR OFFICE, MANGALURU - 01. …RESPONDENTS (BY SRI. CHANNAPPA ERAPPA, HCGP FOR R1) THIS CRIMINAL PETITION IS FILED U/S 482 CR.P.C (U/S 528 BNSS) PRAYING TO QUASH ENTIRE PROCEEDINGS IN FIR AND THE CHARGE SHEET REGISTERED BY ULLAL P..S, BEARING FIR NO.44/2022, FOR THE OFFENCES PUNISHABLE UNDER SECTION 420 AND 34 OF IPC, U/S 3 AND 7 OF E.C ACT, IN CC.NO.481/2024 PENDING ON THE FILE OF 7th JMFC, AT MANGALORE, D.K. THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR JUSTICE S.R.KRISHNA KUMAR - 3 - HC-KAR NC: 2025:KHC:21643 CRL.P No. 7065 of 2025 ORAL ORDER In this petition, the petitioners seek the following reliefs: “Wherefore the petitioners most respectfully that the honourable Court may please to quash the entire proceedings in FIR and charge sheet registered by Ullal PS, bearing FIR No.44/2022 for the offences punishable under Section 420 and 34 of IPC and Section 3 and 7 of EC Act. In C.C. No.481/2024, which is pending in the 7th JMFC at Mangalore, DK. 2. Heard learned counsel for the petitioners and learned HCGP for respondent No.1 and perused the material on record. 3. A perusal of the material on record will indicate that the 2nd respondent – complainant filed the impugned complaint dated 29.03.2022 registered as an FIR in Crime No.44/2022 against the petitioners for the alleged offences punishable under Sections 420 r/w. 34 of IPC and Sections 3 and 7 of the Essential Commodities Act, 1955n (for short “the E.C. Act”). According to the complainant, at about 10.00 a.m. on 29.03.2022, the petitioners were transporting 242 bags of rice in vehicle bearing registration No.KA- 21-B-4284 from Kotekar village, Madur Super Bazaar to BR (Bannur Arpha) Enterprises, Mysore, which were meant for public distribution and thereby committing the alleged offences in - 4 - HC-KAR NC: 2025:KHC:21643 CRL.P No. 7065 of 2025 pursuance of which a charge sheet was filed by the respondents, which is presently pending in C.C.No.481/2024 and assailed by the petitioners in the present petition. 4. The material on record discloses that even according to the impugned FIR, complaint, charge sheet material, statements of witnesses, documents etc., in particular, the mahazar and other documents indicate that the subject rice bags did not carry/have the seal of Food Corporation of India and on the other hand, the subject rice bags clearly mentioned the name of the consignee as MR Enterprises, Mysore. So also, the subject rice, which was packed in plastic bags was sent to the Food Corporation of India, which addressed a communication/report to the Police Authorities categorically informing them that FCI stores/distributes rice only in gunny bags and does not use plastic bags and as such, it was not possible to determine whether the subject bags belonged to Anna Bhagya Yojana or meant for PDS; in this context it is relevant to state that apart from mere seizure of the subject bags, there is absolutely no other material available so as to indicate that the subject bags were meant for the aforesaid scheme or PDS so as to attract the offences punishable under the E.C. Act. - 5 - HC-KAR NC: 2025:KHC:21643 CRL.P No. 7065 of 2025 5. The charge sheet material also reveals that during the course of investigation, the Police Authorities have procured documents viz., licence, authorization etc., all of which clearly establish that the petitioners were entitled to transport rice. Further, the petitioner has filed an affidavit on 16.06.2025 enclosing copies of bills which clearly indicate that the subject bags of rice were being transported by the petitioners and the same were not meant for the aforesaid scheme or PDS as alleged by the respondents. The said affidavit reads as under: “I, Gaidyar Abdul Rafeeq S/o Podimon, aged about 44 years R/at 1-288/3, Pantadka House, Neeralakatte, Netlamundnoor, Bantwal Taluk, Dakshina Kannada District, Karnataka – 574243 – Do hereby solemnly affirm and state on oath as follows: 1. I am the petitioner in the above case and am well conversant with the facts of the case. Hence, I am swearing to this affidavit. 2. I have filed the above petition for quashing of FIR and Charge sheet registered by the respondent Police in Crime No.44/2022 of Ullal Police Station for the offences punishable under Section 420 r/w 34 of IPC and 3 and 7 of EC Act, wherein I am arrived as accused No.6, same is got numbered as C.C.No.481/2024 which is pending in the file of Court of the Honorable 7th JMFC Court, Mangalore at Dakshina Kannada. - 6 - HC-KAR NC: 2025:KHC:21643 CRL.P No. 7065 of 2025 3. As the complaint registered by the respondent is not maintainable and the entire averments and allegation are false and concocted one and does not constitute any offences as alleges by him. I state that the complainant illegally, just to harass and make unlawful gain by implicating me in this case and I am not connected nor having any knowledge about the alleged offence and about the registration of this case. 4. I state that, I am the Owner and license holder of shop named M.R Enterprises and 242 rice bags seized by the authorities are without legal basis. I also state that entire bill of said transaction is annexed with this affidavit for the kind perusal of this Hon’ble Court. 5. I state that, I issued the said bill in the name of Arfa Enterprises, Uttara Kannada District. I further state that, considering the additional order from the same customer I again issued the bill for the same and I have annexed the same with this affidavit. 6. The averments made in the petition may be read as part and parcel of this affidavit to avoid repetition for the consideration of this application. Wherefore, I respectfully pray that this Hon’ble Court may be pleased to allow the annexed application as prayed for in the interest of justice and equity.” 6. In view of the aforesaid facts and circumstances, I am of the considered opinion that in the absence of any material to - 7 - HC-KAR NC: 2025:KHC:21643 CRL.P No. 7065 of 2025 incriminate the petitioner for the alleged offences, in particular, the subject rice bags not having been established as meant for either the Annabhagya Yojana or PDS, continuation of the impugned proceedings qua the petitioners deserve to be quashed. 7. In the result, I pass the following: ORDER i) The petition is allowed. ii) The impugned criminal proceedings in Crime No.44/2022 registered by respondent No.1-Police, pending before the 7th JMFC, Mangalore, D.K., insofar as the petitioners are concerned, are hereby quashed. Sd/- (S.R.KRISHNA KUMAR) JUDGE BMC List No.: 2 Sl No.: 16