- 1 - NC: 2025:KHC-D:2620 CRL.P No. 101393 of 2024 IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH DATED THIS THE 10TH DAY OF FEBRUARY, 2025 BEFORE THE HON'BLE MR. JUSTICE HEMANT CHANDANGOUDAR CRIMINAL PETITION NO. 101393 OF 2024 (482(Cr.PC)/528(BNSS)) BETWEEN: BASAPPA S/O. SAKARAPPA HOSALLI, AGE. 62 YEARS, OCC. AGRICULTURE, R/O. ABBIGERI, TQ. RON, DIST. GADAG-582101. …PETITIONER (BY SRI. H.N.GULARADDI, ADVOCATE) AND: 1. THE STATE OF KARNATAKA R/BY POLICE INSPECTOR, NAREGAL P.S, ITS R/BY ADDL. SPP, HIGH COURT OF KARNATAKA AT DHARWAD, DIST. DHARWAD-580001. 2. SMT. RENUKA W/O. HANMANTHAPPA NILOGAL, AGE. 48 YEARS, OCC. GOVT. OFFICIAL NON-GAZATTED, R/O. TASHILDHAR OFFICE, RON, TQ. RON, DIST. GADAG-582119. …RESPONDENTS (BY SRI. ASHOK T.KATTIMANI, AGA FOR R1; NOTICE TO R2 IS SERVED) THIS CRIMINAL PETITION IS FILED U/S 482 OF CR.P.C., SEEKING TO, QUASH THE FIR, COMPLAINT AND CHARGE SHEET FILED AND AGAINST THE PETITIONER/ACCUSED FOR THE OFFENCES P/U/S 3, 7 OF ESSENTIAL COMMODITY ACT, 1955 AND U/S 18(2) OF PDS CONTROLLING ORDER, 1992 UNDER NAREGAL P.S CRIME NO.25/2020 AND WHICH WAS REGISTERED AS C.C NO.997/2020 PENDING BEFORE THE PRL. CIVIL JUDGE AND JMFC, RON. THIS PETITION, COMING ON FOR ADMISSION, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: THE HON'BLE MR. JUSTICE HEMANT CHANDANGOUDAR Digitally signed by B K MAHENDRAKUMAR Location: HIGH COURT OF KARNATAKA DHARWAD BENCH Date: 2025.02.13 11:17:43 +0530 - 2 - NC: 2025:KHC-D:2620 CRL.P No. 101393 of 2024 ORAL ORDER 1. The petitioner/accused is sought to be prosecuted for offences punishable under Sections 3 and 7 of the Essential Commodities Act, 1955, and Section 18(2) of the Public Distribution System (PDS) Control Order, 1992. 2. The prosecution alleges that, based on credible information, a raid was conducted on the petitioner’s grocery shop, during which it was allegedly discovered that the petitioner had unauthorisedly stocked food grains meant for distribution under the Public Distribution System (PDS). 3. Heard the learned counsel for the petitioner and the learned Additional Government Advocate for the respondent-State. 4. The issue involved in this petition is squarely covered by the decision of a Co-ordinate Bench of this Court in Crl.P. No.6145/2023 and connected matters, disposed of on 10.10.2023, wherein reliance was placed on the decision in Crl.P. No.5130/2023, disposed of on 29.08.2023. The relevant observations made in paragraphs 12 and 13 of the said decision are as follows: “12. That apart, whether the rice belonged to the Public Distribution System or not could only be ascertained through necessary examination by the Forensic Science Laboratory, followed by a report submitted thereto. The Investigating Officer failed to conduct such an examination and instead proceeded with the sale of the rice on the premise that it was perishable and required immediate disposal. Even if the goods were perishable, - 3 - NC: 2025:KHC-D:2620 CRL.P No. 101393 of 2024 the Investigating Officer was required to send the rice for examination and obtain a report from the said authority.” “13. In the present case, neither of the above steps were taken. Hence, I am of the considered opinion that there is no legal basis for the prosecution to proceed against the petitioners. Prima facie, there is no material to establish that the petitioners have committed the alleged offence. As such, continuing the prosecution on such frivolous grounds, without any basis, would serve no purpose.” 5. In the absence of any conclusive material to establish that the petitioner had stocked rice meant for distribution under the Public Distribution System, the petitioner cannot be charge-sheeted for the alleged offences. Consequently, the continuation of criminal proceedings against the petitioner would amount to an abuse of the process of law. ORDER i) Accordingly, the criminal petition is allowed. ii) The criminal proceedings in C.C. No.997/2020 pending on the file of the Principal Civil Judge and JMFC, Ron, insofar as the petitioner/accused herein, 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