The absence of evidence linking seized goods to PDS distribution invalidates the FIR and subsequent proceedings against the accused.

ORAL ORDER

1. The petitioners, who are facing trial for offences punishable under Sections 3 , 5(1), 180, and 181 of the Indian Motor Vehicles Act, 1988 ; Sections 3 , 6(A), and 7 of the Essential Commodities Act, 1955 ; Sections 3 , 4, 12, and 18 of the Karnataka Essential Commodities (PDS) Public Control Order, 2016 ; Sections 3 (2)(i), 4, 6, and 8 of the Karnataka Essential Commodities (Storage Accounts Maintaining Value Notification) Order, 1981 ; and Section 420 of the IPC , 1860, are before this Court seeking relief.

2. The prosecution alleges that, upon receiving credible information that rice meant for distribution under the Public Distribution System (PDS) was being transported in a vehicle without authorization, the complainant, along with panch witnesses, intercepted the vehicle. Upon inspection, it was found that petitioner No.1—the driver of the vehicle belonging to accused No.2—was transporting the rice without proper authorization. The seized rice was sent to the Forensic Science Laboratory to determine whether it was of standard quality.

3. Heard the learned counsel for the petitioners and the learned Additional Government Advocate for the respondent–State.

4. The issue involved in this petition was examined by the Co-ordinate Bench of this Court in Crl.P. No.200775/2023 and other connected petitions, disposed of on 5.7.2023, wherein, in paragraphs 5 to 22, the following ruling was made:

“5. The Essential Commodities Act, 1955 was enacted in the interests of the general public, for the control of the production, supply and distribution of and trade and commerce in certain commodities. 6. Section 3 deals with the powers to control production, supply, distribution, etc., of essential commodities.

7. Section 7 deals with penalties, if any, person contravenes any order made under Section 3 of the Act.

8. Section 10A specifies that, the offences under the Act are cognizable.

9. Section 11 deals with cognizance of offences, and specifies, that no Court shall take cognizance of any offence punishable under this Act except on a report in writing of the facts constituting such offence made by a person who is a public servant as defined in Section 21 of Indian Penal Code or any person aggrieved or any recognized consumer association, whether such person is a member of that association or not.

10. To put it simply, the Court can take cognizance of the offence punishable under this Act on a private complaint in writing by a public servant or on a report in writing of fact including the officer in charge of the Police Station after investigation under Section 173(2) of Cr.PC. In the instant case, in all these cases, the Food Inspector, who is the Authorized Officer under the Control Order, 1992 and Control Order, 2016 has conducted search and seizure of the food grains/rice meant for distribution under PDS.

11. 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.

12. Rule 19 of the Control Order, 2016 deals with powers of entry, search, seizure etc. The Authorized Officer under Rule 19, if has reason to believe that there is any contravention of the provisions of this order or with a view to securing compliance with this order or to satisfying himself that there is or has been any contravention of the order or with a view to securing information which he has reason to believe would help in detection or prevention of contravention of provisions of this order or diversion of PDS commodities, may require the owner, or occupier any other person in charge of any place, premises, vehicle or vessel in which he has reason to believe that any contravention of the provisions of this order or of the conditions of any authorization issued there under has been, is being or is about to committed.

13. Clause (2) of Rule 19 of the Control Order, 2016 specifies that, the provisi