- 1 - HC-KAR NC: 2025:KHC-D:7852 CRL.P No. 103178 of 2024 IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH DATED THIS THE 19TH DAY OF JUNE, 2025 BEFORE THE HON'BLE MR. JUSTICE VENKATESH NAIK T CRIMINAL PETITION NO. 103178 OF 2024 (482 OF Cr.PC/528 OF BNSS) BETWEEN: NAGANAGOUDA S/O. BASANAGOUDA PATIL, AGE: 68 YEARS, OCC: AGRICULTURE, R/O. CHIKKAMAMDIHALLI, TAL: KITTUR, DIST. BELAGAVI. …PETITIONER (BY SHRI SAJID AHMED GOODWALA, ADVOCATE) AND: THE STATE OF KARNATAKA, BY KITTUR POLICE STATION, REPRESENTED BY STATE PUBLIC PROSECUTOR, HIGH COURT OF KARNATAKA, DHARWAD BENCH. …RESPONDENT (BY SMT. KIRTILATA R. PATIL, HCGP) THIS CRIMINAL PETITION IS FILED UNDER SECTION 482 OF CR.P.C. (528 OF BNSS), SEEKING TO ALLOW THE PETITION AND QUASH ENTIRE PROCEEDINGS IN C.C NO.17/2022 (ARISING OUT OF KITTUR P.S. CR.NO.45/2021) PENDING BEFORE CIVIL JUDGE AND JMFC, KITTUR FOR THE ALLEGED OFFENCES PUNISHABLE UNDER SECTIONS 3 & 7 OF KARNATAKA ESSENTIAL COMMODITIES ACT, 1955 AND UNDER SECTIONS 18(A), 18(B), 18(C) OF KARNATAKA ESSENTIAL COMMODITIES (PUBLIC DISTRIBUTION SYSTEM) PUBLIC CONTROL ORDER, 1992, WITH RESPECT TO THE PETITIONER/ACCUSED NO.1 TO MEET THE ENDS OF JUSTICE. THIS PETITION, COMING ON FOR ADMISSION, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: Digitally signed by RAKESH S HARIHAR Location: High Court of Karnataka, Dharwad Bench - 2 - HC-KAR NC: 2025:KHC-D:7852 CRL.P No. 103178 of 2024 ORAL ORDER (PER: THE HON'BLE MR. JUSTICE VENKATESH NAIK T) Heard Sri Sajid Ahmed Goodwala, learned counsel for petitioner and Smt.Kirtilata Patil, learned High Court Government Pleader for respondent – State. 2. The petitioner – accused No.1 has filed this petition under Section 482 of Cr.P.C. seeking to quash the entire proceedings in C.C.No.17/2022 (arising out of Crime No.17/2022 of Kittur Police Station) pending on the file of learned Civil Judge and JMFC, Kittur for the offences punishable under Sections 3 and 7 of the Karnataka Essential Commodities Act, 1955 (“EC Act” for short) and also under Sections 18(a) 18(b) and 18(c) of The Karnataka Essential Commodities (Public Distribution System) Control Order, 1992 (“PDS Control Order, 1992” for short). 3. It is the case of the prosecution that, on 27.03.2021, the Food Inspector, Kittur Town lodged a complaint before the respondent – police alleging that he has been informed that, rice which is meant to be distributed to - 3 - HC-KAR NC: 2025:KHC-D:7852 CRL.P No. 103178 of 2024 the beneficiaries under the various schemes of the Government being loaded in a Tata Ace vehicle in Chikkanandihalli village. Therefore he informed his superiors that some persons are illegally loading grains in a Tata Ace vehicle and took deviation i.e., internal road from Chikkanandihalli village side towards Kittur vai Mallapur. Thus, the complainant went to Kittur Police Station at 6.20 a.m., and informed about said aspect. Thus, Station House Officer along with his sub-staff intercepted the vehicle bearing registration No.KA.29/B-7102, which was transporting rice, wheat and grains bags, which were intended to distribute free of cost by the Government under various schemes. Hence, it leads to registration of FIR and investigation. 4. After receipt of the charge sheet the learned Magistrate took cognizance for the aforesaid offences. Taking exception to the same, the petitioner has filed this petition. 5. Learned counsel for the petitioner contended that all the lis stands covered by the judgment rendered by the - 4 - HC-KAR NC: 2025:KHC-D:7852 CRL.P No. 103178 of 2024 Co-ordinate Bench of this Court in the case of T.Thippeswamy son of Sanna Thippaiah and another Vs. State of Karnataka and another in Crl.P.No.5130/2023 disposed of on 29.08.2023, wherein the identical issues have been raised and have been answered in favour of the petitioners therein. The Coordinate Bench of this Court, has held at paragraph Nos.10 to 13, which are as follows: 10. The offense which has been alleged against the petitioners is for transporting rice allegedly meant for the Public Distribution System without valid license. For that particular purpose, it is required to prima facie establish that indeed the rice was belonging to the Public Distribution System and that the petitioners had no right over the same. It is but required that in respect of these prima facie evidence, the invoices and payment receipts, if any, produced by the petitioners/transporters would have to be verified by the Investigating Officer before filing a charge sheet. 11. In the present case, perusal of the charge sheet indicates that no such effort has been made and the invoices which are produced along with the present petition, which have been placed before the Investigating Officer have not been considered. - 5 - HC-KAR NC: 2025:KHC-D:7852 CRL.P No. 103178 of 2024 12. That apart, whether the rice belonged to the Public Distribution System or not could only be ascertained by necessary examination by the Forensic Science Laboratory and a report being submitted thereto. The Investigating Officer has not caused such an examination and has gone ahead with the sale of rice on the premise that the same is perishable goods which require immediate sale. Even if the goods are perishable, it is required for the Investigating Officer to send the said rice for necessary examination to the Forensic Science Laboratory and a report is to be obtained from the said authority. 13. In the present case, neither of the above have been done. Hence, I am of the considered opinion that there is no legs for the prosecution to stand on and prosecute the petitioners and prima facie there is nothing made out to establish the offense being committed by the petitioners. As such, there would be no purpose in prosecuting the petitioners on such frivolous grounds without any basis. 6. Learned High Court Government Pleader has not disputed the position of law as is observed in the case referred supra. Further learned High Court Government Pleader on instructions submitted that, the food grains seized by the Investigating Officer were not referred to Forensic - 6 - HC-KAR NC: 2025:KHC-D:7852 CRL.P No. 103178 of 2024 Science Laboratory for examination. Her submission is placed on record. 7. In view of the issue in the lis standing answered by the judgment aforesaid quoted on all its force, the subject petition also deserves to be succeeded. For the aforesaid reason, I pass the following: ORDER (i) The criminal petition is allowed. (ii) The impugned proceedings in C.C.No.17/2023 pending on the file of learned Civil Judge and JMFC, Kittur (arising out of Crime No.45/2021 of Kittur Police Station) for the offence under Sections 3 and 7 of EC Act and also under Sections 18(a) 18(b) and 18(c) of PDS Control Order, 1992, are hereby quashed. Sd/- (VENKATESH NAIK T) JUDGE EM /CT-AN List No.: 1 Sl No.: 102