- 1 - NC: 2025:KHC-D:245 CRL.P No. 103647 of 2024 IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH DATED THIS THE 8TH DAY OF JANUARY, 2025 BEFORE THE HON'BLE MR. JUSTICE HEMANT CHANDANGOUDAR CRIMINAL PETITION NO. 103647 OF 2024 (482(Cr.PC)/528(BNSS)) BETWEEN: SANDEEP S/O SHASHIDHAR JARATARAGHAR AGE. 34 YEARS, OCC. BUSINESS, R/AT. H.NO.55, VEERAPUR ROAD, CHOLINAVAR ONI, HUBBALLI-580020. …PETITIONER (BY SRI. GOURI SHANKAR MOT, ADVOCATE) AND: THE STATE OF KARNATAKA APMC NAVANAGAR POLICE STATION, HUBBALLI, REP. BY ITS STATE PUBLIC PROSECUTOR, HIGH COURT OF KARNATAKA, DHARWAD BENCH, AT.DHARWAD. …RESPONDENT (BY SRI. ASHOK T. KATTIMANI, ADDL. GOVT. ADVOCATE) THIS CRIMINAL PETITION IS FILED U/S 482 OF CR.P.C. (528 OF BNSS), SEEKING TO QUASH THE COGNIZANCE DATED 25.01.2024 AGAINST THE ACCUSED/PETITIONER IN APMC NAVANAGAR P.S. CRIME NO.78/2023 PENDING BEFORE THE III ADDL.SENIOR CIVIL JUDGE AND JMFC, AT HUBBALLI IN CC NO.66/2024 FOR THE OFFENCE PUNISHABLE U/S 3 AND 7 OF ESSENTIAL COMMODITIES ACT 1955 AND U/S 3 AND 18 OF KARNATAKA ESSENTIAL COMMODITIES (PUBLIC DISTRIBUTION SYSTEM) PUBLIC CONTROL ORDER 2016. THIS PETITION, COMING ON FOR ADMISSION, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: THE HON'BLE MR. JUSTICE HEMANT CHANDANGOUDAR Digitally signed by ASHPAK KASHIMSA MALAGALADINNI Location: HIGH COURT OF KARNATAKA DHARWAD BENCH Date: 2025.01.13 15:17:13 +0530 - 2 - NC: 2025:KHC-D:245 CRL.P No. 103647 of 2024 ORAL ORDER The learned Additional Government Advocate accepts notice for the respondent. 2. The petitioner is sought to be prosecuted for offences punishable under Sections 3 and 7 of the Essential Commodities Act, 1955 and Clauses 3 and 18 of the Karnataka Essential Commodities (Public Distribution System) Public Control Order, 2016. 3. The case of the prosecution is that the petitioner had stacked food grains meant for distribution under the Public Distribution System (PDS) without authorization, with the intention to sell them at higher rates in the black market. 4. Heard the learned counsel for the petitioner and the learned Additional Government Advocate for the respondent-State. 5. The Food Inspector, upon receiving credible information, conducted a search and seizure at the petitioner’s godown. During the search, it was discovered that the petitioner was in possession of food grains meant for distribution under the PDS without authorization. 6. The issue involved in this petition is covered by the decision of this Court in Crl.P No. 200423/2023 (DD 10.7.2023), in which it was held as follows: 7. The State Government, in exercise of the power conferred under sub-section (5) of Section 24 of the National Food - 3 - NC: 2025:KHC-D:245 CRL.P No. 103647 of 2024 Security Act, 2013, framed the Karnataka Essential Commodities Public Distribution (Control) Order, 2016. 8. Rule 19 of the Control Order, 2016 deals with the powers of entry, search, and seizure, and the Food Inspector is one of the officers authorized to conduct searches and seizures. Clause (2) of Rule 19 specifies that the provisions of Section 100 of the Code of Criminal Procedure (Cr.P.C.) relating to search and seizure shall apply to searches and seizures under this Rule. 9. Section 100 of the Cr.P.C. specifies that when any place liable to search or inspection is closed, any person residing in or in charge of such place shall, upon demand by the officer or person executing the warrant, and on production of the warrant, allow ingress into the place and afford all reasonable facilities for a search. 10. Section 100 of the Cr.P.C. specifically requires that a search of premises be conducted by a person executing the warrant. In the present case, the Food Inspector conducted the search and seizure without obtaining the required warrant as per Section 94 of the Cr.P.C. Hence, the search and seizure conducted is in violation of Clause (2) of Rule 19 of the Control Order, 2016. 11. The Coordinate 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, held as follows: “In the instant case, the petitioners are not authorized dealers. They are not shown to be engaged in the purchase, - 4 - NC: 2025:KHC-D:245 CRL.P No. 103647 of 2024 storage, or sale of food grains issued to authorized dealers for distribution under the public distribution system. Therefore, the essential ingredient explicitly stated under Clause 18(a) – that the goods/commodities must have been issued to the authorized dealer for distribution under the public distribution system – is missing. No finding has been recorded by the first respondent in this regard. In fact, there is no material 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, sell, store, or offer for sale food grains meant for distribution under the PDS, the prohibition under Clause 18(a) of the Control Order would not apply. In the absence of such findings, no penal measures, including seizure or forfeiture, can be imposed.” 12. The prosecution has failed to place any material to show that the food grains seized from the petitioner’s possession were meant for distribution under the PDS. In the absence of corroborative material, the continuation of criminal proceedings against the petitioner would amount to an abuse of process of law. 13. Therefore, this petition requires to be disposed of in terms of the order passed in the aforesaid matter. Accordingly, I pass the following: ORDER i) The petition stands allowed. - 5 - NC: 2025:KHC-D:245 CRL.P No. 103647 of 2024 ii) The impugned proceedings in CC No.66 of 2024 pending on the file of the learned III Additional Senior Civil Judge & JMFC, Hubballi is hereby quashed. iii) Pending application is disposed as not surviving for consideration. Sd/- (HEMANT CHANDANGOUDAR) JUDGE BKM Ct:vh List No.: 1 Sl No.: 55