- 1 - NC: 2025:KHC-K:1127 CRL.P No. 200228 of 2025 IN THE HIGH COURT OF KARNATAKA, KALABURAGI BENCH DATED THIS THE 18TH DAY OF FEBRUARY, 2025 BEFORE THE HON'BLE MR. JUSTICE S.VISHWAJITH SHETTY CRIMINAL PETITION NO. 200228 OF 2025 BETWEEN: CHANDRASHEKHAR S/O KOTA NAGABHUSHANAM, AGED ABOUT 57 YEARS, OCC: BUSINESS, R/O. H.NO.4-60/1, NIZAMPET MEDAK, TELANGANA – 502371. …PETITIONER (BY SRI RAVI B. PATIL, ADV.) AND: 1. THE STATE OF KARNATAKA, THROUGH MANNA-E-KHELI PS, REP. BY ITS ADDL. STATE PUBLIC PROSECUTOR, ADVOCATE GENERAL’S OFFICE, HIGH COURT BUILDING, KALABURAGI–585107. 2. SHEKHAR FOOD INSPECTOR HUMNABAD, TAHASIL OFFICE, HUMNABAD, TQ. CHITGUPPA, DIST. BIDAR. …RESPONDENTS (BY SMT. MAYA T.R., HCGP, FOR R1 AND R2) THIS CRL.P IS FILED U/S.482 OF CR.P.C.(OLD) U/SEC 528 OF BNSS, PRAYING TO ALLOW THE PRESENT PETITION AND QUASH THE FIR AND CHARGE SHEET IN CRIME NO. 80/2023 DATED 12.01.2024 AND ALSO ORDER OF TAKING COGNIZANCE DATED 20.06.2024 CULMINATING IN C.C NO. Digitally signed by SHIVAKUMAR HIREMATH Location: HIGH COURT OF KARNATAKA - 2 - NC: 2025:KHC-K:1127 CRL.P No. 200228 of 2025 2333/2024 BEING REGISTERED BY THE MANNAEKAHLLI P.S RESPONDENT NO. 1 JURISDICTION POLICE OFFENCES (U/SEC 3, 7) EC ACT 1955,PENDING ON THE FILE OF THE COURT OF ADDL. CIVIL JUDGE AND JMFC AT HUMNABAD, DIST. BIDAR, AS ILLEGAL AND WITHOUT ANY AUTHORITY. THIS PETITION, COMING ON FOR ADMISSION, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE S.VISHWAJITH SHETTY ORAL ORDER (PER: HON'BLE MR. JUSTICE S.VISHWAJITH SHETTY) 1. Accused no.2 in C.C.No.2333/2024 pending before the Court of Addl. Civil Judge & JMFC, Humnabad, arising out of Crime No.80/2023 registered by Manna Ekhelli Police Station, Bidar District, for the offences punishable under Sections 3 & 7 of Essential Commodities Act, 1955, is before this Court under Section 482 of Cr.PC with a prayer to quash the entire proceedings as against him in the aforesaid case. 2. Heard the learned Counsel for the parties. 3. Learned Counsel for the petitioner submits that petitioner has been arrayed as an accused for the reason he is the owner of the rice which was found transported in lorry bearing registration No.KA-56-1409 from Nizampet of Telangana State to Maharashtra. He submits that though the driver of the lorry - 3 - NC: 2025:KHC-K:1127 CRL.P No. 200228 of 2025 has produced all the relevant documents to show that the rice in question was being transported legally after obtaining all necessary permissions and paying the requisite fee, the police have unnecessarily initiated criminal proceedings against the petitioner for the alleged offences. Accordingly, he prays to allow the petition. 4. Per contra, learned HCGP who has opposed the petition, however, does not dispute that the driver of the lorry had produced all the documents at the time of inspection of the vehicle by the police. She submits that only for the reason that the rice purchased by the petitioner from M/s. Bhagya Laxmi Rice Industries at Mahabubnagar in Telangana State, was not the rice which was being transported in the vehicle, a case has been registered against the petitioner. 5. Petitioner has produced the bill of supply issued by M/s. Bhagya Laxmi Rice Industries for having purchased 420 bags of rice, each weighing 50 Kgs from the said rice industry, and he has also produced the purchase order issued by M/s. Adlers Bio-Energy Limited, Pune in Maharashtra who had placed a purchase order for supply of the aforesaid quantity of rice. As per the purchase order, the supply was to be made at the - 4 - NC: 2025:KHC-K:1127 CRL.P No. 200228 of 2025 address bearing No.284B, Gaurgaon, Off Latur-Barshi Road, Osmanabad, Maharashtra State. Petitioner has also produced his GST registration certificate, e-way bill for transporting the aforesaid rice in the vehicle which was intercepted by the police. 6. Perusal of the e-way bill would clearly go to show that the rice was being transported from the address shown at Telangana State to the address shown in the purchase order of M/s. Adlers Bio-Energy Limited at Maharashtra. Therefore, it is apparent that the rice which has been seized in the case was being transported legally. Petitioner has produced all such relevant documents that is necessary for transporting the rice interstate. The genuineness of the documents is not disputed by the learned HCGP. Under the circumstances, I am of the view that the respondent-police were not justified in initiating the impugned criminal proceedings against the petitioner. Accordingly, the following order: 7. Petition is allowed. The entire proceedings in C.C.No.2333/2024 pending before the Court of Addl. Civil Judge & JMFC, Humnabad, arising out of Crime No.80/2023 registered by Manna Ekhelli Police Station, Bidar District, for the offences - 5 - NC: 2025:KHC-K:1127 CRL.P No. 200228 of 2025 punishable under Sections 3 & 7 of Essential Commodities Act, 1955, as against the petitioner herein, is quashed. Sd/- (S.VISHWAJITH SHETTY) JUDGE KK