IN THE HIGH COURT OF KARNATAKA, AT DHARWAD DATED THIS THE 31^ST DAY OF OCTOBER, 2025 BEFORE THE HON'BLE MR. JUSTICE M.NAGAPRASANNA CRIMINAL PETITION NO. 102131 OF 2025 (482(Cr.PC)/528(BNSS)-)

BETWEEN:

1. SIDDALINGAYYA S/O PARAPPAYYA MARIYANNAVAR, AGE: 29 YEARS, OCC: DRIVER, R/O: KANAVIHOSUR, TQ: GADAG, DIST: GADAG- 582 103.

2. NAGARAJ S/O HANAMAPPA GINI, AGE: 23 YEARS, OCC: DRIVER, R/O: SANDIGAWAD, TQ: GADAG, DIST: GADAG- 582 209.

…PETITIONERS (BY SRI. G.S. MOT, ADVOCATE)

AND:

THE STATE OF KARNATAKA, GADAG RURAL POLICE STATION, HUBBALLI, Dig itally signed by RAKESH S REP BY ITS STATE PUBLIC PROSECUTOR, HARIHAR HIGH COURT OF KARNATAKA, Location: High Court of DHARWAD BENCH, AT: DHARWAD.

Karnataka, …RESPONDENT Dharwad Bench, Dharwad (BY SRI. T. HANUMAREDDY, AGA)

THIS CRIMINAL PETITION IS FILED UNDER SECTION 528 OF BHARATIYA NAGARIK SURAKSHA SANHITA, 2023 IS PRAYING TO QUASH THE COGNIZANCE DATED 16.10.2021 AGAINST THE ACCUSED NO. 1 AND 2/PETITIONERS IN GADAG RURAL PS CRIME NO. 03/2021 PENDING ON THE FILE OF THE HON’BLE II ADDITIONAL CIVIL JUDGE AND JMFC II COURT, AT GADAG IN C.C.NO. 3173/2021 FOR THE OFFENCE PUNISHABLE UNDER SECTION 3 AND 7 OF ESSENTIAL COMMODITIES ACT 1955, IN THE INTEREST OF JUSTICE.

THIS CRIMINAL PETITION, COMING ON FOR ADMISSION THIS DAY, ORDER WAS MADE THEREIN AS UNDER:

ORAL ORDER

(PER: THE HON'BLE MR. JUSTICE M.NAGAPRASANNA)

1. The petitioners are before this Court calling in question the proceedings in C.C. No. 3173/2021 registered for the offences punishable under Sections 3 and 7 of the Essential Commodities Act.

2. The learned counsel Sri.Gourishankar H Mot appearing for the petitioners submits that the issue in the lis stands covered by judgment of the Co-ordinate Bench in Criminal Petition No.200423/2023, wherein the Co-ordinate Bench has held as follows:

“The petitioners have been charge-sheeted for the offences punishable under Sections 3 and 7 of the Essential Commodities Act, 1955 and under Section 18 of the Karnataka Essential Commodities (Public Distribution System) Control Order, 1992, alleging that, they had stacked the food grains in their house meant for distribution under the public distribution system in their possession without authorization.

2. The learned Magistrate, after accepting the charge sheet, took the cognizance of the aforesaid offences, and issued summons.

3. The learned counsel for the petitioners submits that, conducting of search and seizure of the food grains stacked in the house belonging to the accused is in violation of Clause (2) of Rule 19 of the Control Order, 2016.

4. The learned High Court Government Pleader submits that, the charge-sheet material clearly discloses that, the petitioners accused had stacked the food grains meant for distribution under Public Distribution System (for short PDS') unauthorizedly and the learned Magistrate, after perusing the charge sheet, has rightly taken the cognizance of the aforesaid offences, and the same does not warrant any interference.

5. Considered the submissions of the learned counsel for the petitioners - accused and the learned High Court Government Pleader for the respondent -

State.

6. 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.

7. Rule 19 of the Control Order, 2016 deals with powers of entry, search, seizure etc. The Food Inspector is one of the Officer authorized to conduct search and seizure. Clause (2) of Rule 19 of the Control Order, 2016 specifies that, the provisions of Section 100 of Cr.P.C. relating to search and seizure shall so far may be apply to searches and seizures under this Clause.

8. Section 100 of Cr.P.C. specifies that whenever any place liable to search or inspection under Chapter VII is closed, any person residing in, or being in charge of, such place shall on demand of the officer or other person executing the warrant, and on production o