- 1 - NC: 2025:KHC-D:2651 CRL.P No. 102975 of 2024 IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH DATED THIS THE 11TH DAY OF FEBRUARY, 2025 BEFORE THE HON'BLE MR JUSTICE HEMANT CHANDANGOUDAR CRIMINAL PETITION NO. 102975 OF 2024 (482(Cr.PC)/528(BNSS)) BETWEEN: SRI. KUMAR S/O. VENKATESH AGE. 34 YEARS, OCC. DRIVER, R/O. DEVANUR, TQ. KADUR, DIST. CHIKKAMAGALURU-577101. …PETITIONER (BY SRI. SRINAND A.PACHHAPURE AND SRI. RAJENDRA R.PATIL, ADVOCATES) AND: 1. STATE OF KARNATAKA THROUGH GAJENDRAGAD POLICE STATION, NOW REP BY STATE PUBLIC PROSECUTOR, HIGH COURT OF KARNATAKA, DHARWAD, BENCH AT DHARWAD-580011. 2. SRI. PAVADAGOUDA S/O. BASANAGOUDA MALIPATIL, AGE. 42 YEARS, OCC. FOOD INSPECTOR, OFFICE OF TAHASILDAR, GAJENDRAGAD, R/O. BALOTAGI, TAL. YALABURGA, DIST. KOPPAL-583236. …RESPONDENTS (BY SRI. T.HANUMAREDDY, AGA FOR R1) THIS CRIMINAL PETITION IS FILED U/S 528 OF BNSS, (U/S 482 OF CR.P.C.) SEEKING TO, QUASH THE PROCEEDINGS IN C.C.NO. 1018/2023 ON THE FILE OF COURT OF PRL. CIVIL JUDGE AND J.M.F.C. RON, REGISTERED FOR THE OFFENCE PUNISHABLE U/S 3 AND SECTION 7 OF ESSENTIAL COMMODITIES ACT, ORDER SHEET MARKED AT ANNEXURE-A, IN SO FAR AS PETITIONER/ ACCUSED IS CONCERNED. Digitally signed by B K MAHENDRAKUMAR Location: HIGH COURT OF KARNATAKA DHARWAD BENCH Date: 2025.02.19 13:15:45 +0530 - 2 - NC: 2025:KHC-D:2651 CRL.P No. 102975 of 2024 THIS PETITION, COMING ON FOR ADMISSION, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: THE HON'BLE MR. JUSTICE HEMANT CHANDANGOUDAR ORAL ORDER 1. The petitioner, who is being prosecuted for offences punishable under Sections 3 and 7 of the Essential Commodities Act, 1955, has approached this Court seeking relief. 2. The prosecution alleges that on 20.04.2023, the Tahsildar of Gajendragad Taluk called the petitioner over the phone and informed him that while a police constable from Gajendragad Police Station, the Assistant Child Development Officer, and the Bill Collector of Nidagundi Grama Panchayat were conducting vehicle checks at Gajendragad-Ilakal Cross Check Post, they intercepted a canter coming from the Gajendragad side. Upon inspection, they found that the driver was allegedly transporting rice meant for distribution under the Public Distribution System (PDS) without authorization. 3. Heard the learned counsel for the petitioner and the learned counsel for the respondent – State. 4. Admittedly, the rice bags seized from the petitioner’s vehicle were not sent to a forensic laboratory to establish that the rice was intended for distribution under the PDS. Furthermore, the prosecution has not provided any material evidence to substantiate that the petitioner procured the seized rice from authorized fair price shop dealers. In the absence of such material evidence, the - 3 - NC: 2025:KHC-D:2651 CRL.P No. 102975 of 2024 continuation of criminal proceedings against the petitioner would amount to an abuse of the process of law. ORDER i. Accordingly, petition is allowed. ii. The impugned proceeding in CC.No.1018/2023 on the file of Principal Civil Judge and JMFC, is hereby quashed. iii. The respondent No.2 is hereby directed to release the rice seized from the petitioner within one week from the date of receiving of this order. Sd/- (HEMANT CHANDANGOUDAR) JUDGE TIN Ct:vh List No.: 1 Sl No.: 39