Hullesh S/O Hanumantappa Bhajantri vs The State Of Karnataka
2024 Latest Caselaw 3563 Kant

Karnataka High Court

Hullesh S/O Hanumantappa Bhajantri vs The State Of Karnataka on 6 February, 2024

Author: N.S.Sanjay Gowda

Bench: N.S.Sanjay Gowda

                                                  -1-
                                                           NC: 2024:KHC-D:2529
                                                           CRL.P No. 100152 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. 100152 OF 2024
                      BETWEEN:
                      HULLESH S/O HANUMANTAPPA BHAJANTRI,
                      AGE. 38 YEARS, OCC. BUSINESSMAN,
                      R/O. SANGANAL, TQ. YELBURGA,
                      DIST. KOPPAL-583121.
                                                                       ... PETITIONER
                      (BY SRI. H.N. GULARADDI, ADVOCATE)

                      AND:

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

                      2.   MANJUNATH S/O TAYAPPA TALIHAL,
                           AGE. 43 YEARS, OCC. GOVT. FOOD INSPECTOR,
                           RON, R/O. GAJENDRAGAD, JAVALI POLT,
         Digitally
                           TQ. GAJENDRAGADA, DIST. GADAG.
         signed by
         MANJANNA
MANJANNA E
E
                                                                   ... RESPONDENTS
         Date:
         2024.02.08
         11:08:20
         +0530
                      (BY SRI. P.N. HATTI, HCGP)

                           THIS CRIMINAL PETITION IS FILED U/S 482 OF CR.P.C.,
                      SEEKING TO QUASH THE FIR, COMPLAINT AND CHARGE SHEET
                      FILED AGAINST THE PETITIONER/ACCUSED FOR THE OFFENCES
                      PUNISHABLE U/S 3 AND 7 OF ESSENTIAL COMMODITY ACT, 1955
                      UNDER RON P.S. CRIME NO.138/2023 AND WHICH WAS
                      REGISTERED AS CC NO.1040/2023 PENDING BEFORE THE
                      ADDL.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:2529
                                      CRL.P No. 100152 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.

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