- 1 - HC-KAR NC: 2025:KHC-K:6453 CRL.P No. 200544 of 2025 IN THE HIGH COURT OF KARNATAKA KALABURAGI BENCH DATED THIS THE 31ST DAY OF OCTOBER, 2025 BEFORE THE HON'BLE MR. JUSTICE S RACHAIAH CRIMINAL PETITION NO.200544 OF 2025 (482(CR.PC)/528(BNSS)) BETWEEN: 1. NISHANT S/O. SIDRAM @ SIDDARAY KALASHETTY, AGE. 37 YEARS, OCC. DRIVER, R/O. MULLARGAON ROAD, SARVED NAGAR, SOLAPUR-413001. 2. SAGAR SHIVASHETTY S/O. SURYAKANT SHIVASHETTY, AGE. 37 YEARS, OCC. DRIVER, R/O. CHANDRODAYA NAGAR, NAVEEN GURKAL ROAD, KUMBARI SOLAPUR-413001. 3. AMUL KOLI S/O. BABAN KOLI, AGE. 19 YEARS, OCC. DRIVER, R/O. CHANDRODAYA NAGAR, NAVEEN GURKAL ROAD, KUMBARI SOLAPUR-413001. 4. VINAYAK DIVANAD S/O. YANKAPPA DIVANAD, AGE. 29 YEARS, OCC. BUSINESS, R/O. GAJENDRAGAD, GOLLAR ONI, GAJENDRAGAD, DIST. HAVERI-581110. …PETITIONERS (BY SRI SATISH KUMAR D. GADKAR, ADVOCATE.) Digitally signed by SAMREEN AYUB DESHNUR Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC-K:6453 CRL.P No. 200544 of 2025 AND: 1. STATE OF KARNATAKA, BY ADARSH NAGAR POLICE STATION, VIJAYAPURA REPRESENTED BY ADDL. STATE PUBLIC PROSECUTOR, HIGH COURT OF KARNATAKA, KALABURAGI-585107. 2. SMT. DEEPAKSHI JANAKI W/O. RAYANGOUDAR JANAKI, AGE. 40 YEARS, OCC. CDPO, VIJAYAPURA R/O. VIJAYAPURA-586105. …RESPONDENTS (BY SRI JAMADAR SHAHABUDDIN, HIGH COURT GOVERNMENT PLEADER FOR R1.) THIS CRIMINAL PETITION IS FILED UNDER SECTION 482 OF THE CRIMINAL PROCEDURE CODE, 1973, (UNDER SECTION 528 OF BHARATIYA NAGARIK SURAKSHA SANHITA, 2023), PRAYING TO QUASH THE FIR, COMPLAINT AND CHARGE SHEET IN ADARSH NAGAR POLICE STATION, VIJAYAPURA, CRIME NO.121/2021 AND ALL FURTHER PROCEEDINGS IN C.C.NO.1827/2023 PENDING ON THE FILE OF IV ADDITIONAL JMFC, VIJAYAPURA, REGISTERED FOR THE OFFENCES PUNISHABLE UNDER SECTIONS 3 AND 7 OF ESSENTIAL COMMODITIES ACT, 1955 AND SECTION 18 OF THE KARNATAKA ESSENTIAL COMMODITIES (PUBLIC DISTRIBUTION SYSTEM) CONTROL ORDER, 1992 AND ETC.,. THIS CRIMINAL PETITION COMING ON FOR ORDERS THIS DAY, ORDER IS MADE THEREIN AS UNDER: - 3 - HC-KAR NC: 2025:KHC-K:6453 CRL.P No. 200544 of 2025 ORAL ORDER (PER: HON'BLE MR. JUSTICE S RACHAIAH) The petitioners, who are arraigned as accused Nos.1 to 3 and 6, respectively, are before this Court praying to quash the FIR, complaint and charge sheet in Adarsh Nagar Police Station, Vijayapura, Crime No.121/20212, and all further proceedings in C.C.No.1827/2023, pending before the IV Additional JMFC, Vijayapura, registered for the offences punishable under Section 3 and 7 of Essential Commodities Act, 1955 and Section 18 of the Karnataka Essential Commodities (Public Distribution System) Control Order, 1992. 2. The case of the prosecution is that on 16.11.2021, around about 07.00 p.m., the complainant had received an information that in Tata Truck vehicle and also one Balero pickup vehicle some people are transporting the milk powder, which was supposed to be distributed to the school children, from Honnutagi towards Solapur. On receiving the said information, the - 4 - HC-KAR NC: 2025:KHC-K:6453 CRL.P No. 200544 of 2025 complainant had informed the police. The police along with others were waiting near the place, where the vehicle is supposed to be moved. At that time, two pickup vehicles came to the said place. Those two vehicles were intercepted and on conducting search and seizure, they found that the milk powder worth ₹9,78,200/- was being transported in the said vehicles. The vehicles were seized along with the milk powder in the presence of panch witnesses and case came to be registered against the accused. After conducting investigation, submitted the charge sheet. 3. Heard Sri Satish Kumar D. Gadkar, learned counsel for the petitioners and perused the material placed before the Court. Sri Jamadar Shahabuddin, learned High Court Government Pleader for respondent No.1 State remained absent through virtual mode. 4. It is the submission of the learned counsel for the petitioners that the petitioners are innocent of the - 5 - HC-KAR NC: 2025:KHC-K:6453 CRL.P No. 200544 of 2025 alleged offences. They were not aware about the illegal storage of milk powder. In fact, they were advised to transport the same, made them to believe that they had purchased the said items through proper channel. It is further submitted that, the intention to transport the milk powder was not there, they are the workers. Therefore, the case against them may be quashed. Making such submissions, learned counsel for the petitioners prays to allow the petition. 5. The learned High Court Government Pleader remained absent through virtual mode. 6. Having heard the learned counsels for the petitioner, on perusal of the averments of the complaint, it appears from the record that accused Nos.1 to 3 were transporting the milk powder, which was supposed to be distributed to the school and Anganawadi children. It was seized by the authority in the presence of witnesses, these petitioners have not explained properly as to how it was - 6 - HC-KAR NC: 2025:KHC-K:6453 CRL.P No. 200544 of 2025 being transported from one State to another State. Therefore, it is not appropriate to quash the proceedings as there were prima-facie material to proceed against them. 7. Accordingly, the petition stands dismissed. Sd/- (S RACHAIAH) JUDGE MRK CT: UMD List No.: 19 Sl No.: 1