- 1 - HC-KAR NC: 2025:KHC-D:14809 CRL.P No. 102131 of 2025 IN THE HIGH COURT OF KARNATAKA, AT DHARWAD DATED THIS THE 31ST DAY OF OCTOBER, 2025 BEFORE THE HON'BLE MR. JUSTICE M.NAGAPRASANNA CRIMINAL PETITION NO. 102131 OF 2025 (482(Cr.PC)/528(BNSS)-) BETWEEN: 1. SIDDALINGAYYA S/O PARAPPAYYA MARIYANNAVAR, AGE: 29 YEARS, OCC: DRIVER, R/O: KANAVIHOSUR, TQ: GADAG, DIST: GADAG- 582 103. 2. NAGARAJ S/O HANAMAPPA GINI, AGE: 23 YEARS, OCC: DRIVER, R/O: SANDIGAWAD, TQ: GADAG, DIST: GADAG- 582 209. …PETITIONERS (BY SRI. G.S. MOT, ADVOCATE) AND: THE STATE OF KARNATAKA, GADAG RURAL POLICE STATION, HUBBALLI, REP BY ITS STATE PUBLIC PROSECUTOR, HIGH COURT OF KARNATAKA, DHARWAD BENCH, AT: DHARWAD. …RESPONDENT (BY SRI. T. HANUMAREDDY, AGA) THIS CRIMINAL PETITION IS FILED UNDER SECTION 528 OF BHARATIYA NAGARIK SURAKSHA SANHITA, 2023 IS PRAYING TO QUASH THE COGNIZANCE DATED 16.10.2021 AGAINST THE ACCUSED NO. 1 AND 2/PETITIONERS IN GADAG RURAL PS CRIME NO. 03/2021 PENDING ON THE FILE OF THE HON’BLE II ADDITIONAL CIVIL JUDGE AND JMFC II COURT, AT GADAG IN C.C.NO. 3173/2021 FOR THE OFFENCE PUNISHABLE UNDER SECTION 3 AND 7 OF ESSENTIAL COMMODITIES ACT 1955, IN THE INTEREST OF JUSTICE. Digitally signed by RAKESH S HARIHAR Location: High Court of Karnataka, Dharwad Bench, Dharwad - 2 - HC-KAR NC: 2025:KHC-D:14809 CRL.P No. 102131 of 2025 THIS CRIMINAL PETITION, COMING ON FOR ADMISSION THIS DAY, ORDER WAS MADE THEREIN AS UNDER: ORAL ORDER (PER: THE HON'BLE MR. JUSTICE M.NAGAPRASANNA) 1. The petitioners are before this Court calling in question the proceedings in C.C. No. 3173/2021 registered for the offences punishable under Sections 3 and 7 of the Essential Commodities Act. 2. The learned counsel Sri.Gourishankar H Mot appearing for the petitioners submits that the issue in the lis stands covered by judgment of the Co-ordinate Bench in Criminal Petition No.200423/2023, wherein the Co-ordinate Bench has held as follows: “The petitioners have been charge-sheeted for the offences punishable under Sections 3 and 7 of the Essential Commodities Act, 1955 and under Section 18 of the Karnataka Essential Commodities (Public Distribution System) Control Order, 1992, alleging that, they had stacked the food grains in their house meant for distribution under the public distribution system in their possession without authorization. 2. The learned Magistrate, after accepting the charge sheet, took the cognizance of the aforesaid offences, and issued summons. 3. The learned counsel for the petitioners submits that, conducting of search and seizure of the food grains stacked in the house belonging to the accused is in violation of Clause (2) of Rule 19 of the Control Order, 2016. - 3 - HC-KAR NC: 2025:KHC-D:14809 CRL.P No. 102131 of 2025 4. The learned High Court Government Pleader submits that, the charge-sheet material clearly discloses that, the petitioners accused had stacked the food grains meant for distribution under Public Distribution System (for short PDS') unauthorizedly and the learned Magistrate, after perusing the charge sheet, has rightly taken the cognizance of the aforesaid offences, and the same does not warrant any interference. 5. Considered the submissions of the learned counsel for the petitioners - accused and the learned High Court Government Pleader for the respondent - State. 6. The State Government, In exercise of power conferred under sub-Section (5) of Section 24 of the National Food Security Act, 2013, framed Rules called as Karnataka Essential Commodities Public Distribution (Control) Order, 2016. 7. Rule 19 of the Control Order, 2016 deals with powers of entry, search, seizure etc. The Food Inspector is one of the Officer authorized to conduct search and seizure. Clause (2) of Rule 19 of the Control Order, 2016 specifies that, the provisions of Section 100 of Cr.P.C. relating to search and seizure shall so far may be apply to searches and seizures under this Clause. 8. Section 100 of Cr.P.C. specifies that whenever any place liable to search or inspection under Chapter VII is closed, any person residing in, or being in charge of, such place shall on demand of the officer or other person executing the warrant, and on production of the warrant, allow him free ingress thereto, and afford all reasonable facilities for a search therein. 9. Section 100 of Cr.PC specifically prescribes that, search of premises can be conducted by a person executing the warrant. In the instant case, the Food Inspector has conducted search and seizure without obtaining a warrant as required under Section 94 of Cr.PC. Hence, the search and seizure conducted is in violation of Clause (2) of Rule 19 of the Control Order, 2019. 10. The Coordinate Bench of this Court in W.P.No.36438-439/2014 and W.P.No.36542/2014 (GM- - 4 - HC-KAR NC: 2025:KHC-D:14809 CRL.P No. 102131 of 2025 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." 11. The prosecution has not placed any material that, the food grains seized from the possession of the accused was meant for distribution under the Public Distribution System. In the absence of any corroborative material, the continuation of the criminal proceedings against the petitioners - accused herein, will be an abuse of process of law. Accordingly, I pass the following: O R D E R i) The Criminal Petition is allowed. ii) The impugned proceeding in C.C.No.455/2019 pending on the file of the Civil Judge and JMFC Court at Manvi, is hereby quashed. - 5 - HC-KAR NC: 2025:KHC-D:14809 CRL.P No. 102131 of 2025 In view disposal of main petition, the pending I.As. if any do not survive for consideration and hence, they are disposed of.” 3. The learned HCGP would not dispute the position in law, as is laid down by the Co-ordinate Bench. 4. The issue in the lis is also akin to what is decided by the Co-ordinate Bench in the aforesaid lis. The petitioner is dragged into the web of crime only on the voluntary statement rendered by the co-accused and there is no corroborative material against the petitioner. Therefore, I deem it appropriate to follow the judgment rendered by the Co-ordinate Bench and the reasons noted therein to allow the subject petition as well. 5. For the aforesaid reasons, the following: ORDER (i) The Criminal Petition is allowed. (ii) The impugned proceedings in C.C. No. 3173/2021 pending on the file of the II Addl. Civil Judge and JMFC II Court, Gadag qua the petitioners stands quashed. Sd/- (M.NAGAPRASANNA) JUDGE KGK/CT-GTB List No.: 1 Sl No.: 72