The continuation of criminal proceedings without expert classification of evidence constitutes an abuse of process of law.

1. Petitioner is before this Court under Section 482 of Cr.PC with a prayer to quash the entire proceedings in Crime No.56/2021 registered by Azad Nagar Police Station, Davanagere District, for the offences punishable under Sections 3 & 7 of the Essential Commodities Act, 1955 and Section 18 of Public Distribution System (Control) Order, 1992 , which is now pending before the Court of IV Addl. Civil Judge & JMFC, Davanagere.

2. Heard the learned Counsel for the parties.

3. Learned Counsel for the petitioner having reiterated the grounds urged in the petition submits that the sample of the seized rice was forwarded to the Food Corporation of India for the purpose of examination and also for issuing a report. He submits that the Food Corporation of India has returned the rice sample vide its letter dated 12.07.2021, and therefore, no purpose would be served in continuing the impugned proceedings.

He submits that the Trial Court without appreciating this aspect of the matter, has erred in taking cognizance of the charge sheeted offences.

4. Learned HCGP has opposed the petition. However, he does not dispute that the sample of the rice referred to the Food Corporation of India, has been returned on the ground that it is not possible to classify/categorize the same.

5. The material on record would go to show that on the allegation that the petitioner herein had stocked 63 quintals of rice in his godown which was meant for public distribution system, a raid was conducted and the aforesaid rice was seized under a mahazar. The sample of the seized rice was forwarded to the Food Corporation of India for the purpose of examination and to submit a report. The Food Corporation of India vide its communication dated 12.07.2021 has returned the rice sample. In the letter dated 12.07.2021, it is stated as under:

"With reference to your lr.No./ Azad Nagar Police Station CR/56/2020-21 Dt: 07.07.2021, wherein it was requested to analyze the samples for establishing if the said samples are of PDS rice the referred samples are found without sealing and details. It is to clarify that FCI analyses samples with reference to certain quality parameters with reference to PFA/FSSAI standards. The Parameters/Specification given by Govt. of India for procurement of food grains meant for PDS from time to time. The Uniform Specifications for the current Procurement season KMS (2020-21) your reference.

It can be observed that the parameters are wide in range and do not have specific standards to identify/categorize as desired in your case.

Further, it is advised that the PDS stock only can be identified if the stencilling, flaps, colour coding of bags and double line machine stitching with the specific colour of threads are intact. Mere analysis of samples it is not possible to draw any such conclusion beyond doubt.

Therefore, it is requested to collect the refer samples."

6. In the absence of any report from the Food Corporation of India which is an expert body for the purpose of classification/categorization of the sample rice seized in the matter, no purpose would be served in continuing the prosecution as there is no chance of the petitioner being convicted for the alleged offences.

7. The allegation against the petitioner is that he had stocked rice in his godown illegally which was meant for the purpose of public distribution system. The expert body has now returned the sample forwarded, to the Investigation Officer stating that it would not be possible for the reasons stated in the communication dated 12.07.2021, to classify/categorize the sample rice.

8. Under the circumstances, I am of the opinion that continuation of the impugned criminal proceedings would amount to abuse of process of law. Accordingly, the following order:

9. Petition is allowed. The entire proceedings in Crime No.56/2021 registered by Azad Nagar Police Station, Davanagere District, for the offences punishable under Sections 3 & 7 of the Essential Commodities Act, 1955 and Section 18 o