- 1 - NC: 2025:KHC-D:1060 CRL.P No. 102258 of 2024 IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH DATED THIS THE 21ST DAY OF JANUARY, 2025 BEFORE THE HON'BLE MR. JUSTICE HEMANT CHANDANGOUDAR CRIMINAL PETITION NO. 102258 OF 2024 (482(Cr.PC)/528(BNSS)) BETWEEN: SANJU S/O. GANGAPPA SANGOLLI AGE. 28 YEARS, OCC. SHOP EMPLOYEE, R/O. SUTAGATTI VILLAGE, TQ. SAVADATTI, DIST. BELAGAVI-590001. …PETITIONER (BY SRI. M.L.VANTI, ADVOCATE) AND: 1. STATE OF KARNATAKA BY PSI BAGALKOT POLICE STATION, REPRESENTED BY STATE PUBLIC PROSECUTOR, HIGH COURT OF KARNATAKA, DHARWAD BENCH-580001. 2. NAGARAJ S/O. GUNDU KULKARNI AGE. 51 YEARS, OCC. GOVT. OFFICIAL NON-GAZETTED, R/O. NAVANAGAR SECTOR NO.3, PLOT NO.31/C, BAGAKOT, REPRESENTED BY STATE PUBLIC PROSECUTOR, HIGH COURT OF KARNATAKA, DHARWAD BENCH. …RESPONDENTS (BY SRI. T.HANUMAREDDY, ADDL. GOVT. ADVOCATE) THIS CRIMINAL PETITION IS FILED U/S 482 OF CR.P.C., SEEKING TO QUASH THE ENTIRE PROCEEDINGS AGAINST THE PETITIONER/ACCUSED NO.1 IN CC NO.4144/2022, PENDING ON THE FILE OF PRL. CIVIL JUDGE AND JMFC, BAGALKOT, FOR THE OFFENCES PUNISHABLE U/S 3 AND 7 OF ESSENTIAL COMMODITIES ACT, 1955. THIS PETITION, COMING ON FOR ADMISSION, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: Digitally signed by B K MAHENDRAKUMAR Location: HIGH COURT OF KARNATAKA DHARWAD BENCH Date: 2025.01.28 15:16:19 +0530 - 2 - NC: 2025:KHC-D:1060 CRL.P No. 102258 of 2024 CORAM: THE HON'BLE MR. JUSTICE HEMANT CHANDANGOUDAR 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. 2. The prosecution’s case is that, acting on credible information, a raid was conducted on the godown belonging to the petitioner/accused. During the search, it was discovered that the petitioner/accused had allegedly stocked rice meant for distribution under the Public Distribution System (PDS) without authorization. 3. Heard the learned counsel for the petitioner and the learned Additional Government Advocate for respondent No.1- State. 4. Admittedly, rice was seized from the godown of the petitioner/accused. However, the prosecution has not produced any material along with the charge sheet to establish that the rice seized from the petitioner/accused was, in fact, meant for distribution under the PDS. 5. A Co-ordinate Bench of this Court in Crl.P.No.200775/2023 and connected petitions, disposed of on 05.07.2023, held in paragraphs 12 to 16 as follows: “12. Rule 19 of the Control Order, 2016 deals with the powers of entry, search, and seizure. Under Rule 19, the Authorized Officer, if he has reason to believe that there is any contravention of the provisions of this order or to secure compliance with it, or to satisfy - 3 - NC: 2025:KHC-D:1060 CRL.P No. 102258 of 2024 himself regarding such contravention, may require the owner or occupier of any place or premises to cooperate with the search and seizure. 13. Clause (2) of Rule 19 specifies that the provisions of Section 100 of the Code of Criminal Procedure (Cr.P.C.) relating to search and seizure shall, as far as possible, apply to searches and seizures conducted under this rule. 14. A conjoint reading of Section 10A of the Essential Commodities Act and Rule 19 of the Control Order, 2016 indicates that if the Food Inspector has reason to believe that there is contravention of the Control Order, he is empowered to conduct a search and seizure of premises or vehicles where PDS commodities are being transported or stored unauthorizedly. 15. Though the offences are cognizable, Rule 19 of the Control Order empowers the Authorized Officer to conduct search and seizure without requiring the prior registration of an FIR. 16. Section 100 of Cr.P.C. specifies that whenever any place liable to search or inspection is closed, the officer executing the warrant must demand access and, on production of the warrant, be granted ingress for conducting the search.” 6. In the instant case, the search was conducted in the godown belonging to the petitioner/accused. As per Section 100 Cr.P.C., the Food Inspector was required to obtain a search warrant from the jurisdictional Magistrate before conducting the search. However, no such warrant was obtained in this case. 7. In light of the above observations, the continuation of the impugned proceedings for offences punishable under Sections - 4 - NC: 2025:KHC-D:1060 CRL.P No. 102258 of 2024 3 and 7 of the Essential Commodities Act, 1955, is deemed to be an abuse of the process of law. Accordingly, I pass the following: ORDER i) The petition is allowed. ii) The impugned proceedings in CC No.4144/2022 pending on the file of the Prl. Civil Judge and JMFC, Bagalkot, insofar as it relates to the petitioner – accused stands quashed. Sd/- (HEMANT CHANDANGOUDAR) JUDGE AC Ct:vh List No.: 3 Sl No.: 10