- 1 - NC: 2025:KHC-D:3279 CRL.P No. 102310 of 2024 IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH DATED THIS THE 18TH DAY OF FEBRUARY, 2025 BEFORE THE HON'BLE MR. JUSTICE HEMANT CHANDANGOUDAR CRIMINAL PETITION NO. 102310 OF 2024 (482(Cr.PC)/528(BNSS)) BETWEEN: SANGAMESH S/O. REVANASIDDYYA KABBINAKANTINMATH, AGE. 45 YEARS, OCC. BUSINESS, R/AT. DATTATRAYA ROAD, GADAG, DIST. GADAG-582101. …PETITIONER (BY SRI. GOURI SHANKAR MOT, ADVOCATE) AND: THE STATE OF KARNATAKA GADAG TOWN POLICE STATION, GADAG, REP. BY ITS STATE PUBLIC PROSECUTOR, HIGH COURT OF KARNATAKA, DHARWAD BENCH, AT. DHARWAD. …RESPONDENT (BY SRI. AHSOK T.KATTIMANI, AGA) THIS CRIMINAL PETITION IS FILED U/S 482 OF CR.P.C., SEEKING TO, QUASH THE COGNIZANCE DATED 06.05.2016 AGAINST THE ACCUSED NO.2/PETITIONER IN GADAG TOWN P.S CRIME NO.144/2014 PENDING BEFORE THE 1ST ADDL.CIVIL JUDGE AND JMFC I COURT, AT GADAG IN CC NO.433/2016 FOR THE OFFENCE 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: CORAM: THE HON'BLE MR. JUSTICE HEMANT CHANDANGOUDAR B K MAHENDRAKUMAR Digitally signed by B K MAHENDRAKUMAR Location: HIGH COURT OF KARNATAKA DHARWAD BENCH Date: 2025.02.20 16:40:18 +0530 - 2 - NC: 2025:KHC-D:3279 CRL.P No. 102310 of 2024 ORAL ORDER 1. The petitioner/accused No. 2 has been charge-sheeted for offences punishable under Sections 3 and 7 of the Essential Commodities Act, 1955. 2. The prosecution alleges that, based on credible information, a raid was conducted in a godown belonging to the petitioner/accused, where it was discovered that the accused Nos. 1 and 2 had stored rice allegedly 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. Notably, the rice seized from the petitioner was not sent to the Forensic Science Laboratory to establish that it was intended for distribution under the PDS. In the absence of any substantial evidence proving that the seized rice constituted PDS stock—and with no material to substantiate that the petitioner procured the rice from fair price shops authorized to distribute rice under the PDS—prosecuting the petitioner under Sections 3 and 7 of the Essential Commodities Act, 1955, would amount to an abuse of the process of law. 5. Accordingly, the petition is allowed. The impugned proceedings in C.C. No. 433/2016, pending before the 1st Additional Civil Judge and JMFC-I, Gadag, are hereby quashed. - 3 - NC: 2025:KHC-D:3279 CRL.P No. 102310 of 2024 6. Any pending applications stand disposed of accordingly. Ordered accordingly. Sd/- (HEMANT CHANDANGOUDAR) JUDGE JTR Ct:vh List No.: 2 Sl No.: 5