- 1 - NC: 2025:KHC-D:2192 CRL.P No. 102268 of 2023 IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH DATED THIS THE 4TH DAY OF FEBRUARY, 2025 BEFORE THE HON'BLE MR. JUSTICE HEMANT CHANDANGOUDAR CRIMINAL PETITION NO. 102268 OF 2023 (482(Cr.PC)/528(BNSS)) BETWEEN: 1. JILANI S/O. ABDUL BASHIR GADAG AGE. 22 YEARS, OCC. DRIVER, R/O. BELAVIGI VILLAGE, HAVERI-581110, TAL. AND DIST. HAVERI. 2. CHENNAVEERA GOUDA S/O. LATE MALLANAGOUDA AGE. 47 YEARS, OCC. BUSINESSMEN, R/O. MYLAR VILLAGE, HUVINAHADAGALI-583219, TQ. HUVINAHADAGALI, DIST. VIJAYANAGARA. 3. VIBHUTI GANESH S/O. SHIVARAJAPPA AGE. 38 YEARS, OCC. BUSINESSMEN, R/O. BELAVIGI VILLAGE, HAVERI-581110 TAL. AND DIST. HAVERI. …PETITIONERS (BY SRI. PRUTHVI K.S., ADVOCATE) AND: THE STATE OF KARNATAKA BY HIREHADAGALI POLICE STATION, R/BY THE STATE PUBLIC PROSECUTOR, HIGH COURT OF KARNATAKA, DHARWAD BENCH-580011. …RESPONDENT (BY SRI. ASHOK T.KATTIMANI, ADDL. GOVT. ADVOCATE) THIS CRIMINAL PETITION IS FILED U/SEC. 482 OF CR.P.C. SEEKING TO, ALLOW THE PETITION AND QUASH ENTIRE PROCEEDINGS IN CC NO. 558/2022 (ARISING OUT OF HIREHADAGALI P.S. CR NO. 70/2022) PENDING BEFORE CIVIL JUDGE AND JMFC HADAGALLI FOR THE ALLEGED OFFENCES PUNISHABLE UNDER SECTIONS U/S 3,4,12,18,19 OF KARNATAKA ESSENTIAL COMMODITIES (PUBLIC DISTRIBUTION SYSTEM) B K MAHENDRAKUMAR Digitally signed by B K MAHENDRAKUMAR Location: High Court of Karnataka, Dharwad Bench Date: 2025.02.06 11:21:01 +0530 - 2 - NC: 2025:KHC-D:2192 CRL.P No. 102268 of 2023 PUBLIC CONTROL ORDER 2016 ACT, AND SECTION 4,8,3(2)(i) OF KARNATAKA ESSENTIAL COMMODITIES (STORAGE ACCOUNTS MAINTAINING VALUE NOTIFICATION) ORDER 1981 AND SECTION 3,6A,7 OF ESSENTIAL COMMODITIES ACT 1955 AND SECTION 420 OF IPC, WITH RESPECT TO THE PETITIONER NO. 1 TO 3/ ACCUSED NO. 1 TO 3. THIS PETITION, COMING ON FOR ADMISSION, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: THE HON'BLE MR JUSTICE HEMANT CHANDANGOUDAR ORAL ORDER Petitioners-accused Nos.1 to 3 who are facing charges for the offence punishable under Sections 3, 4, 12. 18 and 19 of the Karnataka Essential Commodities (Public Distribution System) Public Control Order 2016 Act, and Section 4,8 and 3(2)(i) of the Karnataka Essential Commodities (Storage Accounts Maintaining Value Notification) Order, 1981 and Section 3, 6(A), 7 of Essential Commodities Act, 1955 and Section 420, are before this Court seeking relief. 2. The case of the prosecution is that the Food Inspector, on receiving credible information intercepted the vehicle which was driven by the petitioner No.1 driver, and discovered that petitioner-accused No.2 was loading the rice meant for distribution under the Public Distribution Scheme, and upon search and seizer it was found that the petitioners.No.1 and 2 were transporting the rice/food grains to the place of petitioner-accused No.3. The rice meant for distribution is transported unauthorizedly without having any valid license or permit and in contravention of the provision under the Essential Commodities Act and Public Control Order, 2016. - 3 - NC: 2025:KHC-D:2192 CRL.P No. 102268 of 2023 3. The learned counsel for the petitioners contends that the prosecution has not placed any substantive evidence to establish that the rice/food grains seized from the petitioner No.2 was meant for distribution under the Public Distribution Scheme. 4. Heard the learned counsel for the petitioners and learned Additional Government Advocate for the respondent-State. 5. In identical circumstances, the Co-ordinate Bench of this Court in W.P.No.36438-439/2014 and W.P.No.36542/2014 (GM-EC) disposed of on 03.12.2014, at Para No.14, has held as under:- "14. In the instant case, petitioners are not authorized dealers. They are not shown to be engaged in purchase, storage or sale of food grains which were issued to the authorized dealer for distribution under the public distribution system. Therefore, essential ingredient explicitly stated under Clause 18 (a) i.e., the goods / commodities must have been issued to the authorized dealer under the public distribution system is missing. No finding is recorded by the 1st respondent in this regard. In fact, there is no material whatsoever to indicate this aspect. Therefore, as rightly contended by the learned counsel for the petitioners, unless there is material to show that the commodities were issued to an authorized dealer for distribution under the public distribution system or that a person other than the authorized dealer had sought to purchase or sell or store or offer for sale food grains meant for distribution under public distribution system through the price depots, prohibition contained under Clause 18 (a) of the Control Order would not be attracted. In the absence of such findings such action will not attract penal measure including seizure or forfeiture." 21. Perusal of the charge sheet material indicates that, the allegation against the accused herein is that, they were transporting the food grains meant for distribution under PDS unauthroizedly. The charge sheet material does not disclose as to where the accused procured the food grains meant for distribution under PDS, and also no material is placed that, the seized food grains were meant for distribution under PDS. In the absence of any material that, the seized food grains were - 4 - NC: 2025:KHC-D:2192 CRL.P No. 102268 of 2023 meant for distribution under PDS, the registration of FIR culminating in laying the charge sheet stands vitiated. 22. The Food Inspector is only authorized to conduct search and seizure of the food grains meant for distribution under PDS as specified under Rule 19 of the Control Order, 2016. If a person is transporting rice which is notified as an essential commodity without permit, it is for the police concerned to seize the same by following due process of law.” 6. In the instant case, there is no substantive evidence to establish that the rice/food grains transported by the petitioners No.1 and 2 were meant for distribution under the Public Distribution Scheme and if the petitioners were transporting the rice/food grains unauthorizedly without valid licence or permit, it was for the concerned Police Inspector to conduct search and seizer under the Karnataka Essential Commodities Act, 1955, by following due process of the law. 7. Accordingly, the petition is allowed. 8. The impugned proceeding in CC No.558/2022 arising out of Crime No.70/2022 registered by the Hirehadagali Police Station, pending on the file of the learned Civil Judge and JMFC Court, Hadagali, Vijayanagara District, insofar as it relates to the petitioners – accused No.1 to 3 herein is hereby quashed. Sd/- (HEMANT CHANDANGOUDAR) JUDGE HR Ct:vh List No.: 3 Sl No.: 5