Prosecution under the Essential Commodities Act requires conclusive proof that seized commodities are PDS-linked; registration of crime without such determination and in violation of due procedure for search and seizure constitutes an abuse of process.

THIS CRL.P IS FILED U/S 482 OF CR.PC (FILED U/S 528 BNSS) PRAYING TO QUASH THE FIR/COMPLAINT IN CRIME NO. NO.174/2025 REGISTERED BY THE HARIHARA TOWN POLICE, COMING UNDER 2. JURISDICTION OF ADDL CIVIL JUDGE AND JMFC COURT, HARIHARA, 3. DAVANAGERE DISTRICT, FOR OFFENCES PUNISHABLE U/SEC.3 AND 7 OF ESSENTIAL COMMODITIES ACT, 1955, BEING ARBITRARY, ERRONEOUS AND OPPOSED TO LAW EQUITY AND JUSTICE APART FROM BEING ABUSE OF PROCESS OF COURT, IN SO FAR AS THE PETITIONERS HEREIN ARE CONCERNED.

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

ORAL ORDER

1. The petitioners are before this Court calling in question registration of a crime in crime No.174/2025 registered for the offence punishable under Sections 3 and 7 of the Essential Commodities Act, 1955.

2. Heard Sri. Vasantha Kumar K.M., learned counsel appearing for the petitioners and Sri. Anoop Kumar, the learned High Court Government Pleader appearing for respondent No.1.

3. The learned counsel appearing for the petitioners would submit that the issue in the lis stands covered by the judgment rendered by this Court in the case of Manjunath Harlapur Vs. State of Karnataka & Ors.¹Crl.P.No.101739/2021 and connected matters disposed on 16.02.2022., this Court has held as follows:

“The petitioners in all these petitions call in question proceedings instituted by respondent No.1/State and its Official under the penal provisions of the Essential Commodities Act, 1955. Since all these petitions raise a common questions of law and facts, are taken up together and considered in this common order.

2. Heard learned counsel Sri V.M.Sheelvant, appearing for the petitioners and Sri Ramesh Chigari, learned High Court Government Pleader for respondent No.1 – State, in all these cases.

3. Brief facts leading to the filing of the present petitions, as borne out from the pleadings, are as follows:-

For the sake of convenience, facts in brief in Criminal Petition No.101739 of 2021 are narrated. The petitioner in the said criminal petition is an independent trader dealing with stock and distribution of food grains and claims to be in possession of a license to carry out such trade. Claiming to be on credible information, the Police Sub-Inspector of Navanagar Police Station intercepted a Baloro vehicle on an alleged complaint that the vehicle was transporting rice bags and conducted a search on the vehicle. The complainant also accompanied the Police Sub-Inspector, who conducted search or raid on the permission allegedly granted by his superior Officer. The complainant and the Police staff - panchas go to the spot at about 5 p.m. and on seeing the Baloro vehicle, intercepted the same, conducted search and secured the information that the rice bags belonged to S.K. Traders and the same were being transported from the godown belonging to S.K. Traders to one Balaji Impex Traders. Sixty five bags each weighing 50 kgs. were seized along with the vehicle on the ground that they were transporting rice illegally, which was meant for public distribution under the Public Distribution System (‘PDS’ for short). Based on the said incident, a FIR came to be registered against the petitioner. The petitioner is arrayed as accused No.3. The allegations against the petitioner are for offences punishable under Sections 7 and 3 of the Essential Commodities Act, 1955 (‘the Act’ for short) read with Clauses 3(2) & (3) and 18 of the Karnataka Essential Commodities (Public Distribution System) Public Control Order 2016 (‘the Order’ for short). It is at that juncture, the petitioner has knocked the doors of this Court in this petition.

4. In Criminal Petiti