Karnataka High Court
Uttam S/O Hanamantrao Awalekar vs The State Of Karnataka on 31 January, 2025
Author: M.Nagaprasanna
Bench: M.Nagaprasanna
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NC: 2025:KHC-D:2019
CRL.P No. 100898 of 2023
C/W CRL.P No. 104184 of 2022
CRL.P No. 104253 of 2022
IN THE HIGH COURT OF KARNATAKA,
DHARWAD BENCH
DATED THIS THE 31ST DAY OF JANUARY, 2025
BEFORE
THE HON'BLE MR. JUSTICE M.NAGAPRASANNA
CRIMINAL PETITION NO.100898 OF 2023
(482(Cr.PC)/528(BNSS))
C/W
CRIMINAL PETITION NO. 104184 OF 2022
CRIMINAL PETITION NO. 104253 OF 2022
IN CRL.P.NO.100898/2023:
BETWEEN:
1. PARAPPA URF PARASHURAM
S/O. MARUTI KHOT,
AGE: 55 YERS, OCC: BUSINESSMAN,
R/O: CHABUXARAWADI, TQ: MIRAJ,
DIST: SANGLI,
MAHARASHTRA STATE - 416 410.
2. SHRISHAIL
S/O. SHIVAPPA KARANDI,
AGE: 38 YEARS, OCC: AGRICULTURIST,
R/O: ADIHUDI, TQ: JAMKHANDI,
Digitally signed by DIST: BAGALKOT - 587 301.
VISHAL NINGAPPA
PATTIHAL ...PETITIONERS
Location: High
Court of Karnataka, (BY SRI GIRISH A. YADAWAD, ADVOCATE)
Dharwad Bench,
Dharwad
AND:
1. THE STATE OF KARNATAKA,
REPRESENTED BY ITS PUBLIC,
PROSECUTOR, HIGH COURT BUILDING,
DHARWAD, THROUGH DEPUTY
COMMISSIONER, BAGALKOT,
BAGALKOT,
DIST: BAGALKOT - 587 301,
AND ALSO THROUGH THE SAVALAGI
POLICE STATION, TQ: JAMKHANDI,
DIST: BAGALKOT - 587 301.
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NC: 2025:KHC-D:2019
CRL.P No. 100898 of 2023
C/W CRL.P No. 104184 of 2022
CRL.P No. 104253 of 2022
2. TAHASILDAR JAMKHANDI,
REPRESENTED BY FOOD INSPECTOR,
JAMKHANDI, DIST: BAGALKOT - 587 311.
...RESPONDENTS
(BY SRI SHARAD V. MAGADUM, AGA FOR R1 AND R2)
THIS CRIMINAL PETITION IS FILED U/SEC. 482 OF CR.P.C.,
1973, PRAYING TO QUASH THE CRIMINAL PROCEEDINGS IN
C. C. NO. 489/2019 INITIATED AGAINST THE PETITIONERS
(ACCUSED NOS. 3 AND 4) ON THE FILE OF PRL. CIVIL JUDGE AND
JMFC, JAMAKHANDI FOR THE OFFENCES PUNISHABLE UNDER
SECTION 3 AND 7 OF ESSENTIAL COMMODITIES ACT, 1955 AND
ETC.,
IN CRL.P.NO.104184/2022:
BETWEEN:
1. UTTAM S/O. HANAMANTRAO AWALEKAR,
AGE: 50 YEARS, OCC: AGRICULTURIST,
R/O: SALAGARE, DIST: SANGLI,
MAHARASHTRA STATE - 410 001.
2. MALLIKARJUN S/O. SHIVARAYA HONRAV,
AGE: 58 YEARS, OCC: AGRICULTURIST,
R/O: CHABHUKSAWARWADI(SALAGARE),
DIST: SANGLI, MAHARASHTRA STATE - 410 001.
...PETITIONERS
(BY SRI GIRISH A. YADAWAD, ADVOCATE)
AND:
1. THE STATE OF KARNATAKA,
REPRESENTED BY ITS PUBLIC,
PROSECUTOR, HIGH COURT BUILDING,
DHARWAD, THROUGH DEPUTY
COMMISSIONER, BAGALKOT,
BAGALKOT, DIST: BAGALKOT - 587 301,
2. TAHASILDAR JAMKHANDI,
REPRESENTED BY FOOD INSPECTOR,
SRI NINGAPPA S/O. SHANKAR DESAI,
PREVIOUS FOOD INSPECTOR, JAMKHANDI,
DIST: BAGALKOT - 587 311.
...RESPONDENTS
(BY SRI SHARAD V. MAGADUM, AGA)
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NC: 2025:KHC-D:2019
CRL.P No. 100898 of 2023
C/W CRL.P No. 104184 of 2022
CRL.P No. 104253 of 2022
THIS CRIMINAL PETITION IS FILED U/SEC. 482 OF CR.P.C.,
1973, PRAYING TO QUASH THE ORDER DATED 28.04.2022 PASSED
BY THE 1ST RESPONDENT IN NO.ANAS/ECA/CR/71/2018-19/109 AND
THE ORDER DATED 05.11.2022 PASSED BY THE I ADDITIONAL
DISTRICT AND SESSIONS JUDGE, BAGALKOT TO SIT AT
JAMKHANDI, AT JAMKHANDI IN CRL.RP NO.5039/2022 AND ETC.,
IN CRL.P.NO.104253/2022:
BETWEEN:
1. UTTAM S/O. HANAMANTRAO AWALEKAR,
AGE: 50 YEARS, OCC: AGRICULTURIST,
R/O: SALAGARE, DIST: SANGLI,
MAHARASHTRA STATE.
2. MALLIKARJUN S/O. SHIVARAYA HONRAV,
AGE: 58 YEARS, OCC: AGRICULTURIST,
R/O: CHABHUKSAWARWADI(SALAGARE),
DIST: SANGLI, MAHARASHTRA STATE.
...PETITIONERS
(BY SRI GIRISH A. YADAWAD, ADVOCATE)
AND:
1. THE STATE OF KARNATAKA,
REPRESENTED BY ITS PUBLIC,
PROSECUTOR, HIGH COURT BUILDING,
DHARWAD, THROUGH DEPUTY
COMMISSIONER, BAGALKOT,
BAGALKOT, DIST: BAGALKOT - 587 301,
AND ALSO THROUGH THE SAVALAGI
POLICE STATION, TQ: JAMKHANDI,
DIST: BAGALKOT - 587 301.
2. TAHASILDAR JAMKHANDI,
REPRESENTED BY FOOD INSPECTOR,
JAMKHANDI, DIST: BAGALKOT - 587 311.
...RESPONDENTS
(BY SRI SHARAD V. MAGADUM, AGA)
THIS CRIMINAL PETITION IS FILED U/SEC. 482 OF CR.P.C.,
1973, PRAYING TO QUASH THE CRIMINAL PROCEEDINGS IN
C. C. NO. 489/2019 INITIATED AGAINST THE PETITIONERS
(ACCUSED NOS. 1 AND 2) ON THE FILE OF PRL. CIVIL JUDGE AND
JMFC, JAMAKHANDI FOR THE OFFENCES PUNISHABLE UNDER
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NC: 2025:KHC-D:2019
CRL.P No. 100898 of 2023
C/W CRL.P No. 104184 of 2022
CRL.P No. 104253 of 2022
SECTIONS 3 AND 7 OF ESSENTIAL COMMODITIES ACT, 1955
INSOFAR AS THE PETITIONER/ACCUSED NOS.1 AND 2 ARE
CONCERNED IN THE INTERESET OF JUSTICE AND ETC.,
THESE CRIMINAL PETITIONS, COMING ON FOR FINAL
HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER:
ORAL ORDER
(PER: THE HON'BLE MR. JUSTICE M.NAGAPRASANNA)
1. The learned counsel appearing for the petitioners
Sri Girish A. Yadawad submits that the issue in the lis stands
covered by the judgment rendered by the Coordinate Bench in
Crl.P.No.200830/2023 disposed on 10th July 2023.
2. The learned AGA Sri. Sharad V. Magadum would not
dispute the position of law as laid down by the Coordinate
Bench in the aforesaid judgment.
3. In that light, this petitions deserves to succeed. The
Coordinate Bench has held as follows:
"06. 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.
07. Rule 19 of the Control Order, 2016 deals with
powers of entry, search, seizure etc. The Food Inspector is
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one of the Officer authorize 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.
08. 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 of the warrant,
allow him free ingress thereto, and afford all reasonable
facilities for a search therein.
09. In the instance case, the search was made on a
transport vehicle and not on a premises. Hence, there is no
question of Food Inspector obtaining search warrant before
conducting search.
10. The Food Inspector is authorized to conduct
search and seizure of rice meant for distribution under the
PDS, which is transported in contravention of the provisions
contained in the Control Order, 2016.
11. The Coordinate Bench of this Court in
W.P.Nos.36438-439/2014 and W.P.No.36542/2014 (GMEC)
disposed of on 03.12.2014, at Para No.14, has held as
under:-
"14. In the instant case, petitioners are not
authorized dealers. They are not shown to be
engaged in purchase, storage or sale of food grains
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which were issued to the authorized dealer for
distribution under the public distribution system.
Therefore, essential ingredient explicitly stated
under Clause 18 (a) i.e., the goods / commodities
must have been issued to the authorized dealer
under the public distribution system is missing. No
finding is recorded by the 1st respondent in this
regard. In fact, there is no material whatsoever to
indicate this aspect. Therefore, as rightly contended
by the learned counsel for the petitioners, unless
there is material to show that the commodities were
issued to an authorized dealer for distribution under
the public distribution system or that a person other
than the authorized dealer had sought to purchase
or sell or store or offerfor sale food grains meant for
distribution under public distribution system through
the price depots, prohibition contained under Clause
18 (a) of the Control Order would not be attracted.
In the absence of such findings such action will not
attract penal measure including seizure or
forfeiture."
12. The prosecution has not placed any material that,
the rice seized from the possession of the accused is meant
for distribution under the Public Distribution System. In the
absence of any corroborative material, the continuation of
the criminal proceedings against the petitioners - accused
herein, will be an abuse of process of law. Accordingly, I
pass the following:
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ORDER
I. The Criminal Petition is allowed.
II. The impugned proceedings in FIR No.147/2022,
registered by the Sindanoor Rural Police Station,
Dit: Raichur, pending on the file of the Additional
Civil Judge (Jr. Dn) and JMFC Court, Sindhanoor,
Raichur, is hereby quashed.
In view disposal of main petition, the pending I.As. if
any do not survive for consideration and hence, they are
disposed of."
4. In the light of the aforesaid submission, which is in
unison, the petitions deserves to succeed and the impugned
crime to be quashed.
5. For the aforesaid reasons, I pass the following:
ORDER
i. The Criminal Petitions are allowed.
ii. The impugned proceedings in C.C.No.489/2019,
pending on the file of the Prl. Civil Judge and
JMFC, Jamakhandi, is hereby quashed.
Sd/-
(M.NAGAPRASANNA)
JUDGE
