- 1 - NC: 2025:KHC-D:332 CRL.P No. 102385 of 2024 IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH DATED THIS THE 9TH DAY OF JANUARY, 2025 BEFORE THE HON'BLE MR. JUSTICE HEMANT CHANDANGOUDAR CRIMINAL PETITION NO.102385 OF 2024 (482(Cr.PC)/528(BNSS)) BETWEEN: HOSAKERI MARIYAPPA AGE. 55 YEARS, OCC. BUSINESSMAN, R/O. 1ST WARD, M.M. HALLI, HOSAPETE, TQ. AND DIST. VIJAYANAGARA, PIN-583201 …PETITIONER (BY SRI. MANOJ N. BIKKANNAVAR, ADVOCATE) AND: 1. THE STATE OF KARNATAKA R/BY STATE PUBLIC PROSECUTOR HIGH COURT OF KARNATAKA, DHARWAD THROUGH MARIYAMMANAHALLI POLICE STATION, PIN-580011 2. AJITH KUMAR R S/O. VASUDEVU R AGE. 38 YEARS, OCC. GOVT. OFFICIAL, R/O. TALUK OFFICE, HOSAPETE TQ., VIJAYANAGAR DIST., PIN CODE-583201 …RESPONDENTS (BY SRI. ASHOK T. KATTIMANI, AGA FOR R1) THIS CRIMINAL PETITION IS FILED U/S 482 OF CR.P.C., SEEKING TO QUASH THE ENTIRE PROCEEDINGS IN CONNECTION WITH CC NO.3145/2022 (CRIME NO.108/2022) REGISTERED BY MARIYAMMANAHALLI POLICE STATION FOR THE OFFENCES PUNISHABLE U/S 7, 3, 6(A) OF ESSENTIAL COMMODITIES ACT AND U/S 4, 6, 8 OF KARNATAKA Digitally signed by ASHPAK KASHIMSA MALAGALADINNI Location: HIGH COURT OF KARNATAKA DHARWAD BENCH Date: 2025.01.13 15:17:10 +0530 - 2 - NC: 2025:KHC-D:332 CRL.P No. 102385 of 2024 ESSENTIAL COMMODITIES (STORAGE ACCOUNTS MAINTAINING VALUR NOTIFICATION) ORDER 1981 AND U/S 3, 4, 12, 18, 19 OF KARNATAKA ESSENTIAL COMMODITIES (PUBLIC DISTRIBUTION SYSTEM) PUBLIC CONTROL ORDER 2016 AND U/S 420 OF IPC PENDING BEFORE THE III ADDL.CIVIL JUDGE AND JMFC JUDGE, HOSAPETE WITH RESPECT TO PETITIONER/ACCUSED. THIS PETITION, COMING ON FOR ADMISSION, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: THE HON'BLE MR. JUSTICE HEMANT CHANDANGOUDAR ORAL ORDER The learned Additional Government Advocate accepts notice for the respondent No.1. 2. The petitioner is sought to be prosecuted for offences punishable under Sections 3, 7, and 6(A) of the Essential Commodities Act, 1955; Sections 4, 6, and 8 of the Karnataka Essential Commodities (Storage Accounts Maintaining Valur Notification) Order, 1981; Sections 3, 4, 12, 18, and 19 of the Karnataka Essential Commodities (Public Distribution System) Public Control Order, 2016; and Section 420 of the Indian Penal Code, 1860 (IPC). 3. The case of the prosecution is that, upon receiving credible information that the petitioner had stacked rice meant for distribution under the Public Distribution System (PDS), a search was conducted at the petitioner’s flour mill. During the search, it was allegedly discovered that the petitioner had stacked 7 quintals of rice meant for PDS distribution. - 3 - NC: 2025:KHC-D:332 CRL.P No. 102385 of 2024 4. Heard the learned counsel for the petitioner and the learned Additional Government Advocate for the respondent–State. 5. Clause 19 of the Control Order deals with the powers of entry, search, and seizure by the Food Inspector in relation to any contravention of the provisions of the Control Order or the Act. Sub-clause (1)(b) of Clause 19 empowers the Food Inspector to inspect, break open, and search any premises where he has reason to believe that a contravention of the provisions of this Order has been committed. Sub-clause (2) of Clause 19 specifies that the provisions of Section 100 of the Code of Criminal Procedure, 1973 (Cr.P.C.) relating to search and seizure shall apply to searches and seizures conducted under this Clause. 6. Section 100 of the Cr.P.C. mandates that any person in charge of a closed premise must, upon the production of a search warrant by the officer or person executing it, allow ingress into the premises and afford reasonable facilities for the search. Furthermore, Section 100 of the Cr.P.C. specifies that a search shall be conducted only after obtaining a search warrant from the jurisdictional Magistrate under Section 93 of the Cr.P.C. 7. In the present case, the Food Inspector conducted a search, broke open the lock of the petitioner’s godown, and seized rice allegedly meant for PDS distribution, without obtaining the mandatory search warrant as required under Section 100 of the Cr.P.C. The search and seizure conducted in this manner are, therefore, without the authority of law. - 4 - NC: 2025:KHC-D:332 CRL.P No. 102385 of 2024 8. Additionally, the prosecution has not submitted any report from the Forensic Science Laboratory (FSL) to establish that the rice seized from the petitioner’s possession was indeed meant for PDS distribution. In the absence of such material evidence, the charge-sheet does not establish that the seized rice was meant for PDS. 9. Therefore, in light of the illegal search and seizure and the lack of evidence to substantiate the allegations, the continuation of criminal proceedings against the petitioner would amount to an abuse of the process of law. Accordingly, I pass the following: ORDER i) The petition stands allowed. ii) The impugned proceedings in CC No.3145/2022 (arising out of Mariyammanahalli PS Crime No.108/2022) pending on the file of the learned III Additional Civil Judge & JMFC, Hosapete is hereby quashed. iii) Pending application is disposed as not surviving for consideration. Sd/- (HEMANT CHANDANGOUDAR) JUDGE JTR List No.: 1 Sl No.: 39