- 1 - NC: 2025:KHC-D:61 CRL.P No. 103189 of 2024 IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH DATED THIS THE 6TH DAY OF JANUARY, 2025 BEFORE THE HON'BLE MR JUSTICE HEMANT CHANDANGOUDAR CRIMINAL PETITION NO. 103189 OF 2024 (482(CR.PC)/528(BNSS)) BETWEEN: 1. BASAVARAJ PARAVATAPPA KULKARNI, AGE: 59 YEARS, OCC: COOLIE, R/O: CHIKKANARGUND, TQ: NARGUND, DIST: GADAG, PIN-582 207. 2. PRAKASH BASAVARAJ KULKARNI, AGE: 37 YEARS, OCC: MASON WORK, R/O: CHIKKANARGUND, TQ: NARGUND, DIST: GADAG, PIN-582 207. 3. BASAYYA MALLAYYA KANAVIMATH, AGE: 37 YEARS, OCC: AGRICULTURE, R/O: CHIKKANARGUND, TQ: NARGUND, DIST: GADAG, PIN-582 207. 4. PARAPPA MAHADEVAPPA HALEMANI, AGE: 50 YEARS, OCC: AGRICULTURE, R/O: CHIKKANARGUND, TQ: NARGUND, DIST: GADAG, PIN-582 207. … PETITIONERS (BY SRI. RAKESH S. HATTIKATAGI, ADVOCATE) AND: THE STATE OF KARNATAKA, BY RAMDURGA POLICE STATION, R/BY THE STATE PUBLIC PROSECUTOR, HIGH COURT OF KARNATAKA, DHARWAD BENCH. … RESPONDENT (BY SRI. T. HANUMAREDDY, AGA) ASHPAK KASHIMSA MALAGALADINNI Digitally signed by ASHPAK KASHIMSA MALAGALADINNI Location: HIGH COURT OF KARNATAKA DHARWAD BENCH Date: 2025.01.09 12:51:12 +0530 - 2 - NC: 2025:KHC-D:61 CRL.P No. 103189 of 2024 THIS CRIMINAL PETITION IS FILED U/SE. 482 OF CR.P.C. (U/S. 528 OF BNSS, 2023) PRAYING TO ALLOW THE PETITION AND QUASH ENTIRE PROCEEDINGS IN C.C.NO.607/2023 (ARISING OUT OF RAMDURGA P.S. CR.NO.40/2023) AT ANNEXURE-C PENDING BEFORE SENIOR CIVIL JUDGE AND JMFC, RAMDURGA FOR THE ALLEGED OFFENCES P/U/SECTIONS 3 R/W 7 OF ESSENTIAL COMMODITIES ACT, 1955 AND ORDER 18(1) OF KARNATAKA ESSENTIAL COMMODITIES (PUBLIC DISTRIBUTION SYSTEM ) CONTROL ORDER 2016, TO MEET THE ENDS OF JUSTICE. THIS PETITION IS COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: THE HON'BLE MR JUSTICE HEMANT CHANDANGOUDAR ORAL ORDER 1. The petitioners/accused Nos.1 to 4, who are facing charges for offences punishable under Sections 3 and 7 of the Essential Commodities Act, 1955, read with Order 18(1) of the Karnataka Essential Commodities (PDS) Control Order, 2016, have approached this Court seeking relief. 2. The prosecution alleges that the petitioners were illegally transporting rice meant for distribution under the Public Distribution System (PDS), which constitutes an offence under the provisions of the Essential Commodities Act, 1955. 3. Heard the learned counsel for the petitioners and the learned Additional Government Advocate for the respondent/State. 4. A perusal of the charge sheet materials indicates that the prosecution claims the petitioners were transporting rice meant - 3 - NC: 2025:KHC-D:61 CRL.P No. 103189 of 2024 for distribution under PDS. However, it is noted that the Investigating Officer has not sent the seized rice for examination by the Forensic Science Laboratory (FSL) or any other competent authority to establish that the rice being transported was specifically meant for PDS distribution. 5. In the absence of any corroborative material, such as an FSL report or other evidence substantiating the allegation that the rice was meant for PDS, the prosecution’s case is solely based on the statements of witnesses. Mere witness statements, without tangible evidence, are insufficient to sustain the charges against the petitioners. 6. Therefore, the continuation of criminal proceedings against the petitioners, in the absence of substantive evidence, would amount to an abuse of the process of law. Accordingly, the petition is allowed. The impugned proceedings in CC No.607/2023 (arising out of Ramdurga PS Crime No.40/2023) pending on the file of learned Senior Civil Judge and JMFC, Ramdurga, insofar it relates to the petitioners, is hereby quashed. Sd/- (HEMANT CHANDANGOUDAR) JUDGE JTR CT:BCK LIST NO.: 1 SL NO.: 39