- 1 - NC: 2025:KHC-D:2718 CRL.P No. 103392 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. 103392 OF 2024 (482(Cr.PC)/528(BNSS)) BETWEEN: VISHWANATH S/O. DUNDAPPA NASHTI AGE. 60 YEARS, OCC. BUSINESS, R/O. SANKESHWAR, TQ. HUKKERI, DIST. BELAGAVI-591313. …PETITIONER (BY SRI. PRASHANT MATHAPATI, ADVOCATE) AND: 1. THE STATE OF KARNATAKA REPRESENTED BY STATE PUBLIC PROSECUTOR, HIGH COURT OF KARNATAKA, THROUGH SANKESHWAR POLICE STATION. 2. KIRAN S/O. KEMPANNA BELAVI AGE. 51 YEARS, OCC. GOVT. SERVANT, ADDITONAL TAHASHILDAR, HUKKERI, TQ. HUKKERI-591309, DIST. BELAGAVI. …RESPONDENTS (BY SRI. ASHOK T.KATTIMANI, AGA) THIS CRIMINAL PETITION IS FILED U/S 482 OF CR.P.C. (528 OF BNSS), PRAYING TO, QUASH THE ENTIRE PROCEEDINGS PENDING ON PRL. CIVIL JUDGE AND JMFC SANKESHWAR IN CC NO.605/2014 (CRIME NO.325/2013) REGISTERED BY SANKESHWAR POLICE STATION FOR THE OFFENCES PUNISHABLE U/S 3 AND 7(1) (a) (ii) OF ESSENTIAL COMMODITIES ACT AND FOOD CONTROL ORDER 1992 U/S 18(a)(b)(c) PENDING BEFORE THE CIVIL JUDGE AND JMFC, SANKESHWAR. THIS PETITION, COMING ON FOR ADMISSION, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: B K MAHENDRAKUMAR Digitally signed by B K MAHENDRAKUMAR Location: HIGH COURT OF KARNATAKA DHARWAD BENCH Date: 2025.02.15 12:55:00 +0530 - 2 - NC: 2025:KHC-D:2718 CRL.P No. 103392 of 2024 CORAM: THE HON'BLE MR. JUSTICE HEMANT CHANDANGOUDAR ORAL ORDER 1. The petitioner has been charge-sheeted for offences punishable under Sections 3 and 7(1)(a)(ii) of the Essential Commodities Act, 1955, and Sections 18(a), (b), and (c) of the Karnataka Essential Commodities (Public Distribution System) Control Order, 1992. 2. The prosecution alleges that on 11.11.2013, based on credible information, a raid was conducted in a godown belonging to the petitioner/accused, where it was discovered that the petitioner had stacked 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. The petitioner has annexed a copy of the license authorizing the purchase and sale of rice, along with invoices evidencing payment of GST towards supply and sale of rice. 5. Notably, the rice seized from the petitioner has not been sent to the Forensic Science Laboratory to establish that it was meant for distribution under the PDS. In the absence of any substantial evidence to prove that the seized rice was PDS stock, prosecution under Sections 3 and 7 of the Essential Commodities Act, 1955, would amount to an abuse of process of law. No material is placed to substantiate that the petitioners had procured - 3 - NC: 2025:KHC-D:2718 CRL.P No. 103392 of 2024 rice from fair price shops authorized to distribute rice under public distribution system. 6. Accordingly, the petition is allowed. The impugned proceedings in C.C. No. 605/2014, pending before the Civil Judge and JMFC, Sankeshwar, are hereby quashed. 7. Any pending applications stand disposed of accordingly. Ordered accordingly. Sd/- (HEMANT CHANDANGOUDAR) JUDGE JTR Ct:vh List No.: 2 Sl No.: 11