- 1 - NC: 2025:KHC-D:679 CRL.P No. 102682 of 2024 IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH DATED THIS THE 16TH DAY OF JANUARY, 2025 BEFORE THE HON'BLE MR. JUSTICE HEMANT CHANDANGOUDAR CRIMINAL PETITION NO. 102682 OF 2024 (482(Cr.PC)/528(BNSS)) BETWEEN: 1. MR. MOHAMMED NISAN S/O. ABDUL AGE. 30 YEARS, R/O. NAVUNDA, TQ. KUNDAPURA, DIST. UDUPI-576224. 2. MR. IMTIYAZ S/O. HUSENSAB AMINABAVI AGE. 26 YEARS, R/O. KUNNUR TADASA, TQ. SHIGGAON, DIST. HAVERI-581212. 3. MR. ABDUL REHEMAN S/O. ABDUL BYARI AGE. 39 YEARS, R/O. THODNIMAKKI, MAYYADI POST, TQ. KUNDAPURA, DIST. UDUPI-576214. 4. GULABSAB S/O. HUSENASAB KILLEDAR AGE. 35 YEARS, R/O. KUNNUR TADASA, TQ. SHIGGAON, DIST. HAVERI-581 212. …PETITIONERS (BY SRI. MAQBOOLAHAMED M. PATIL, ADVOCATE) AND: 1. THE STATE OF KARNATAKA THROUGH BHATKAL RURAL P.S., REPRESENTED BY STATE PUBLIC PROSECUTOR, HIGH COURT OF KARNATAKA, DHARWAD BENCH, DHARWAD-580011. 2. PANDU S/O. TIMMAPPA NAIK AGE. 52 YEARS, OCC. FOOD INSPECTOR, R/O. THAHASHELDAR OFFICE, BHATKAL-581320, R/BY STATE PUBLIC PROSECUTOR, HIGH COURT OF KARNATAKA, DHARWAD-11. …RESPONDENTS (BY SRI. T. HANUMAREDDY, ADDL. GOVT. ADVOCATE) Digitally signed by B K MAHENDRAKUMAR Location: HIGH COURT OF KARNATAKA DHARWAD BENCH Date: 2025.01.21 09:48:59 +0530 - 2 - NC: 2025:KHC-D:679 CRL.P No. 102682 of 2024 THIS CRIMINAL PETITION IS FILED U/SEC. 528 OF BNSS, (U/SEC. 482 OF CR.P.C.) SEEKING TO, QUASH THE ENTIRE PROCEEDINGS IN CC NO. 338/2024 PENDING ON THE FILE OF ADDL. CIVIL JUDGE AND JMFC BHATKAL WHEREIN THE CHARGE SHEET IS FILED AGAINST THE PRESENT PETITIONERS FOR THE OFFENCE P/U/SEC. 3, 7 OF ESSENTIAL COMMODITIES ACT, 1955 (BHATKAL RURAL POLICE STATION CRIME NO. 91/2023) IN SO FAR AS THE PRESENT PETITIONERS (ACCUSED NO. 1 TO 4) ARE CONCERNED. 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 has been charge-sheeted for the offences punishable under Sections 3 and 7 of the Essential Commodities Act, 1955. 2. The case of the prosecution is that the accused had stacked food grains meant for distribution under the Public Distribution System (PDS) in a godown without authorization. 3. Heard the learned counsel for the petitioner and the learned Additional Government Advocate for the respondent/State. 4. Admittedly, the food grains seized from the petitioner have not been sent to the Forensic Science Laboratory to establish that the seized food grains were meant for distribution under the PDS. Therefore, in the absence of any substantial evidence to establish that the food grains seized from the petitioner were meant for distribution under the PDS, the prosecution of the petitioner for the alleged offences punishable under Sections 3 and 7 of the - 3 - NC: 2025:KHC-D:679 CRL.P No. 102682 of 2024 Essential Commodities Act would amount to an abuse of the process of law. 5. Accordingly, the petition is allowed. The impugned proceedings in CC No.338/2024 on the file of the learned Additional Civil Judge and JMFC, Bhatkal, are hereby quashed. Sd/- (HEMANT CHANDANGOUDAR) JUDGE JTR CT:vh List No.: 3 Sl No.: 12