Shankarappa S/O Mallappa Homballi vs The State Of Karnataka
2024 Latest Caselaw 3562 Kant

Karnataka High Court

Shankarappa S/O Mallappa Homballi vs The State Of Karnataka on 6 February, 2024

Author: N.S.Sanjay Gowda

Bench: N.S.Sanjay Gowda

                                                 -1-
                                                         NC: 2024:KHC-D:2531
                                                         CRL.P No. 100170 of 2024




                                IN THE HIGH COURT OF KARNATAKA,
                                        DHARWAD BENCH
                           DATED THIS THE 6TH DAY OF FEBRUARY, 2024
                                                BEFORE
                           THE HON'BLE MR JUSTICE N.S.SANJAY GOWDA
                             CRIMINAL PETITION NO. 100170 OF 2024
                   BETWEEN:
                   SHANKARAPPA S/O MALLAPPA HOMBALLI,
                   AGE. 49 YEARS, OCC. AGRICUTLURE,
                   R/O. ABBIGERI, TQ. RON,
                   DIST. GADAG-583121.
                                                                     ... PETITIONER
                   (BY SRI. H.N. GULARADDI, ADVOCATE)

                   AND:

                   1.   THE STATE OF KARNATAKA,
                        R/BY POLICE INSPECTOR,
                        NAREGALL P.S., ITS R/BY ADDL. SSP,
                        HIGH COURT OF KARNATAKA AT DHARWAD,
                        DIST. DHARWAD-580001.

                   2.   PAVADAGOUDA S/O BASANAGOUDA MALI PATIL,
                        AGE. 40 YEARS, OCC. GOVT. OFFICIAL NON-GAZETTED,
                        R/O. FOOD INSPETOR, TEM RON, GAJEDRAGAD,
                        BALUTAGI, TQ. GAJENDRAGA, DIST. GADAG-583121.
MANJANNA
E
                                                                   ... RESPONDENTS
Digitally signed
by MANJANNA E      (BY SRI. P.N. HATTI, HCGP)
Date: 2024.02.08
11:08:41 +0530

                        THIS CRIMINAL PETITION IS FILED U/SEC. 482 OF CR.P.C.
                   SEEKING TO QUASH THE FIR, COMPLAINT AND CHARGE SHEET
                   FILED AGAINST THE PETITIONER/ACCUSED FOR THE OFFENCES
                   P/U/SEC. 3, 7 OF ESSENTIAL COMMODITY ACT, 1955 AND U/SEC. 18
                   OF PDS CONTROLLING ORDER 2016 UNDER NAREGAL P.S. CRIME
                   NO.93/2022 AND WHICH WAS REGISTERED AS CC NO.1019/2023
                   PENDING BEFORE THE PRL. CIVIL JUDGE AND JMFC RON IN THE
                   INTEREST OF JUSTICE.

                       THIS PETITION, COMING ON FOR ADMISSION, THIS DAY, THE
                   COURT MADE THE FOLLOWING:
                                 -2-
                                      NC: 2024:KHC-D:2531
                                      CRL.P No. 100170 of 2024




                             ORDER

1. This petition is filed challenging the registration of

criminal proceedings against the petitioner for the offences

punishable under Sections 3 and 7 of Essential Commodity Act,

1955 and U/SEC. 18 of PDS Controlling Order, 2016.

2. This Court, in Criminal Petition No.5130/2023,

disposed of on 29.8.2023, has held that unless the goods in

question were examined by the Forensic Science Laboratory

and certified to be an essential commodity meant for Public

Distribution System, the proceedings would be unsustainable.

3. In this case, admittedly, there is no certification by

the Forensic Science Laboratory that the rice that was seized

was meant for Public Distribution. In that view of the matter, in

the light of the above judgment, this petition is allowed and the

proceedings stands quashed.

Sd/-

JUDGE

VB CT:BCK