Suresh Singanal vs State At The Instance Of
2024 Latest Caselaw 3575 Kant

Karnataka High Court

Suresh Singanal vs State At The Instance Of on 6 February, 2024

Author: N.S.Sanjay Gowda

Bench: N.S.Sanjay Gowda

                                                   -1-
                                                           NC: 2024:KHC-D:2652
                                                            WP No. 101774 of 2021




                                  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
                             WRIT PETITION NO. 101774 OF 2021 (GM-RES)
                      BETWEEN:
                      SURESH SINGANAL,
                      AGE. 46 YEARS, R/O. GANGAVATI,
                      KOPPAL, DIST. KOPPAL,
                      KARNATAKA STATE-583227.
                                                                    ... PETITIONER
                      (BY SMT. VIDYAVATI M. KOTTURSHETTAR, ADVOCATE)

                      AND:

                      1.   STATE AT THE INSTANCE OF
                           GANGAVATI RURAL POLICE,
                           DIST. KOPPAL-583227.

                      2.   K.R. DEVARAJ,
                           OCC. SERVICE,
                           FOOD AND CIVIL SUPPLIES,
                           TAHASILDAR OFFICE, GANGAVATI,
                           DIST. KOPPAL-583227.
                                                                     ... RESPONDENTS
         Digitally
                      (BY SRI. P.N. HATTI, HCGP FOR R1; R2-SERVED)
         signed by
         MANJANNA
MANJANNA E
E        Date:
         2024.02.08
         11:20:02
                            THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227
         +0530
                      OF THE CONSTITUTION OF INDIA, PRAYING TO IT IS HEREBY
                      PRAYED THAT THE COMPLAINT FILED BY COMPLAINANT I.E.,
                      RESPONDENT NO2. K.R. DEVARAJ ON 31.01.2021 BY REGISTERING
                      FIR NO.84/2021 BEFORE KARATAGI POLICE STATION UNDER
                      GANGAVATI SUB DIVISION TOWN POLICE STATION, AGAINST THE
                      PETITIONER FOR THE OFFENCES PUNISHABLE U/S.3 AND 7 OF
                      ESSENTIAL COMMODITIES ACT AND SECTION 18(A) PUBLIC
                      DISTRIBUTION SYSTEM PDS ACT 1992 PRODUCED AT ANNEXURE-A
                      MAY KINDLY BE QUASHED BY ISSUING WRIT OF CERTIORARI IN THE
                      INTEREST OF JUSTICE.

                            THIS PETITION, COMING ON FOR PRELIMINARY HEARING IN
                      'B' GROUP, THIS DAY, THE COURT MADE THE FOLLOWING:
                                 -2-
                                        NC: 2024:KHC-D:2652
                                          WP No. 101774 of 2021




                          ORDER

1. This petition is filed challenging the registration

of criminal proceedings for the offences punishable under

Sections 3 and 7 of Essential Commodities Act and Section

18(A) Public Distribution System Act, 1992.

2. The allegation in the complaint is that the

petitioner was transporting rice, which was meant for

distribution under the Public Distribution System.

3. The Co-ordinate Bench of this Court, in

Criminal Petition No.101739/2021 and connected matters,

disposed of on 16.2.2022, 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.

4. 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

NC: 2024:KHC-D:2652

judgment, the petition is allowed and the proceedings

stands quashed.

Sd/-

JUDGE

VB/CT:BCK