BHEEMANA GOUDA S/O LATE MUDUKAPPA vs THE STATE OF KARNATAKA BY SHO

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2025 Supreme(Online)(KAR) 874

IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH DATED THIS THE 27^TH DAY OF FEBRUARY, 2025 BEFORE THE HON'BLE MR. JUSTICE HEMANT CHANDANGOUDAR CRIMINAL PETITION NO.101050 OF 2025 BETWEEN:
1. BHEEMANA GOUDA, S/O. LATE MUDUKAPPA AGE. 31 YEARS, OCC. DRIVER TRUCK, R/O. 21^ST WARD, 5^TH ONI, MURARI NAGARA, GANGAVATHI, NOW GANGAVATHI, KOPPAL DISTRICT.
2. DEVARAJA NAYAKA, S/O. JAMBANNA AGE. 49 YEARS, OCC. BUSINESSMAN, R/O. 10^TH WARD, APMC YARD 2, GANGAVATHI, KOPPALA (D), KOPPAL.
…PETITIONERS (BY SRI. RESHMA MADIWALAR, ADVOCATE)
AND:
1. THE STATE OF KARNATAKA BY SHO HOSPET RURAL POLICE STATION, DIST. VIJAYANAGARA, REPRESENTED BY SPP, HIGH COURT OF KARNATAKA, DHARWAD-580011.
Digitally signed by R HEMALATHA 2. AJITH KUMR R, S/O. VASUDEV R, Location: HIGH AGE. 33 YEARS, OCC. FOOD INSPECTOR, COURT OF R/O. TALUK, TQ. HOSAPETE, KARNATAKA DIST. VIJAYANAGARA-583201, (REP/BY BY SPP, HIGH COURT OF KARNATAKA, DHARWAD-580011)
…RESPONDENTS (BY SRI. T.HANUMAREDDY, AGA)
THIS CRIMINAL PETITION IS FILED U/SEC. 482 OF CR.P.C.
(U/S.528 OF BNSS, 2023) SEEKING TO, QUASH THE CHARGE SHEET IN C.C.NO. 2417/2022 FOR THE OFFENCES U/SEC. 3, 6(A), 7 OF THE ESSENTIAL COMMODITIES ACT 1955 AND U/SEC. 3, 4, 12, 18 OF THE KARNATAKA ESSENTIAL COMMODITIES (PUBLIC DISTRIBUTION SYSTEM) PUBLIC CONTROL ORDER 2016 AND U/SEC. 3(2)(i), 4, 6, 8 OF KARNATAKA ESSENTIAL COMMODITIES (STORAGE ACCOUNTS MAINTAINING VALUE NOTIFICATION) ORDER 1981 AND U/SEC. 420 OF IPC (CRIME NO. 43/2022 BEFORE HOSPETE RURAL PS) AND NOW PENDING ON THE FILE OF THE 2^ND ADDITIONAL CIVIL JUDGE AND JMFC COURT AT HOSAPETE IN SO FAR AS PETITIONER/ACCUSED NO. 1 AND 2 ARE CONCERNED.
THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER:
CORAM: THE HON'BLE MR. JUSTICE HEMANT CHANDANGOUDAR

Petitioner Advocates:RESHMA MADIWALAR ,Respondent Advocate:

ORAL ORDER

Sri. T.Hanumareddy, learned Additional Government Advocate accepts notice for the respondents.

2. The petitioners/accused Nos. 1 and 2, who have been charge-sheeted for offences punishable under Sections 3, 6A, and 7 of the Essential Commodities Act, 1955; Sections 3, 4, 12, and 18 of the Karnataka Essential Commodities (Public Distribution System) 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 Indian Penal Code, 1860, are before this Court seeking to quash the proceedings in C.C. No. 2417/2022 pending on the file of the II Additional Civil Judge and JMFC, Hosapete.

3. The prosecution alleges that, upon receiving credible information that food grains/rice intended for distribution under the Public Distribution System were being transported without authorization, the complainant and his staff intercepted a vehicle and, upon inspection, found that the petitioners were transporting the food grains/rice without proper authorization.

4. Heard were the learned counsel for the petitioners and the learned Additional Government Advocate for the respondents.

5. The prosecution has not placed any document on record showing that the food grains/rice were sent to the Forensic Science Laboratory to establish that the seized food grains/rice were meant for distribution under the Public Distribution System. Furthermore, the prosecution has not established that the petitioners procured the food grains/rice from a fair price shop authorized to distribute them to beneficiaries. In the absence of any evidence to substantiate that the food grains/rice seized from the petitioners were intended for distribution under the Public Distribution System, the continuation of the criminal proceedings would be an abuse of the process of law.

6. Hence, I pass the following.

ORDER i) Accordingly, the petition is allowed.

ii) The criminal proceedings in C.C. No.2417/2022 pending on the file of the II Additional Civil Judge and JMFC, Hosapete, insofar as it relates to petitioners/accused Nos.1 and 2, is hereby quashed.

Pending I.As., if any, do not survive for consideration and are disposed off accordingly.

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