Karnataka High Court
Naganagouda S/O. Basanagouda Patil vs The State Of Karnataka on 19 June, 2025
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CRL.P No. 103178 of 2024
HC-KAR
IN THE HIGH COURT OF KARNATAKA,
DHARWAD BENCH
DATED THIS THE 19TH DAY OF JUNE, 2025
BEFORE
THE HON'BLE MR. JUSTICE VENKATESH NAIK T
CRIMINAL PETITION NO. 103178 OF 2024
(482 OF Cr.PC/528 OF BNSS)
BETWEEN:
NAGANAGOUDA S/O. BASANAGOUDA PATIL,
AGE: 68 YEARS, OCC: AGRICULTURE,
R/O. CHIKKAMAMDIHALLI,
TAL: KITTUR, DIST. BELAGAVI.
...PETITIONER
(BY SHRI SAJID AHMED GOODWALA, ADVOCATE)
AND:
THE STATE OF KARNATAKA,
BY KITTUR POLICE STATION,
REPRESENTED BY STATE PUBLIC PROSECUTOR,
HIGH COURT OF KARNATAKA, DHARWAD BENCH.
Digitally signed
by RAKESH S
HARIHAR ...RESPONDENT
Location: High (BY SMT. KIRTILATA R. PATIL, HCGP)
Court of
Karnataka,
Dharwad Bench THIS CRIMINAL PETITION IS FILED UNDER SECTION 482 OF
CR.P.C. (528 OF BNSS), SEEKING TO ALLOW THE PETITION AND
QUASH ENTIRE PROCEEDINGS IN C.C NO.17/2022 (ARISING OUT OF
KITTUR P.S. CR.NO.45/2021) PENDING BEFORE CIVIL JUDGE AND
JMFC, KITTUR FOR THE ALLEGED OFFENCES PUNISHABLE UNDER
SECTIONS 3 & 7 OF KARNATAKA ESSENTIAL COMMODITIES ACT,
1955 AND UNDER SECTIONS 18(A), 18(B), 18(C) OF KARNATAKA
ESSENTIAL COMMODITIES (PUBLIC DISTRIBUTION SYSTEM) PUBLIC
CONTROL ORDER, 1992, WITH RESPECT TO THE
PETITIONER/ACCUSED NO.1 TO MEET THE ENDS OF JUSTICE.
THIS PETITION, COMING ON FOR ADMISSION, THIS DAY,
ORDER WAS MADE THEREIN AS UNDER:
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CRL.P No. 103178 of 2024
HC-KAR
ORAL ORDER
(PER: THE HON'BLE MR. JUSTICE VENKATESH NAIK T)
Heard Sri Sajid Ahmed Goodwala, learned counsel for
petitioner and Smt.Kirtilata Patil, learned High Court
Government Pleader for respondent - State.
2. The petitioner - accused No.1 has filed this
petition under Section 482 of Cr.P.C. seeking to quash the
entire proceedings in C.C.No.17/2022 (arising out of Crime
No.17/2022 of Kittur Police Station) pending on the file of
learned Civil Judge and JMFC, Kittur for the offences
punishable under Sections 3 and 7 of the Karnataka Essential
Commodities Act, 1955 ("EC Act" for short) and also under
Sections 18(a) 18(b) and 18(c) of The Karnataka Essential
Commodities (Public Distribution System) Control Order,
1992 ("PDS Control Order, 1992" for short).
3. It is the case of the prosecution that, on
27.03.2021, the Food Inspector, Kittur Town lodged a
complaint before the respondent - police alleging that he has
been informed that, rice which is meant to be distributed to
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the beneficiaries under the various schemes of the
Government being loaded in a Tata Ace vehicle in
Chikkanandihalli village. Therefore he informed his superiors
that some persons are illegally loading grains in a Tata Ace
vehicle and took deviation i.e., internal road from
Chikkanandihalli village side towards Kittur vai Mallapur.
Thus, the complainant went to Kittur Police Station at 6.20
a.m., and informed about said aspect. Thus, Station House
Officer along with his sub-staff intercepted the vehicle
bearing registration No.KA.29/B-7102, which was
transporting rice, wheat and grains bags, which were
intended to distribute free of cost by the Government under
various schemes. Hence, it leads to registration of FIR and
investigation.
4. After receipt of the charge sheet the learned
Magistrate took cognizance for the aforesaid offences. Taking
exception to the same, the petitioner has filed this petition.
5. Learned counsel for the petitioner contended that
all the lis stands covered by the judgment rendered by the
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Co-ordinate Bench of this Court in the case of
T.Thippeswamy son of Sanna Thippaiah and another
Vs. State of Karnataka and another in
Crl.P.No.5130/2023 disposed of on 29.08.2023, wherein
the identical issues have been raised and have been
answered in favour of the petitioners therein. The Coordinate
Bench of this Court, has held at paragraph Nos.10 to 13,
which are as follows:
10. The offense which has been alleged against the
petitioners is for transporting rice allegedly meant for
the Public Distribution System without valid license.
For that particular purpose, it is required to prima
facie establish that indeed the rice was belonging to
the Public Distribution System and that the
petitioners had no right over the same. It is but
required that in respect of these prima facie
evidence, the invoices and payment receipts, if any,
produced by the petitioners/transporters would have
to be verified by the Investigating Officer before
filing a charge sheet.
11. In the present case, perusal of the charge sheet
indicates that no such effort has been made and the
invoices which are produced along with the present
petition, which have been placed before the
Investigating Officer have not been considered.
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12. That apart, whether the rice belonged to the Public
Distribution System or not could only be ascertained
by necessary examination by the Forensic Science
Laboratory and a report being submitted thereto.
The Investigating Officer has not caused such an
examination and has gone ahead with the sale of rice
on the premise that the same is perishable goods
which require immediate sale. Even if the goods are
perishable, it is required for the Investigating Officer
to send the said rice for necessary examination to
the Forensic Science Laboratory and a report is to be
obtained from the said authority.
13. In the present case, neither of the above have been
done. Hence, I am of the considered opinion that
there is no legs for the prosecution to stand on and
prosecute the petitioners and prima facie there is
nothing made out to establish the offense being
committed by the petitioners. As such, there would
be no purpose in prosecuting the petitioners on such
frivolous grounds without any basis.
6. Learned High Court Government Pleader has not
disputed the position of law as is observed in the case
referred supra. Further learned High Court Government
Pleader on instructions submitted that, the food grains seized
by the Investigating Officer were not referred to Forensic
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Science Laboratory for examination. Her submission is placed
on record.
7. In view of the issue in the lis standing answered
by the judgment aforesaid quoted on all its force, the subject
petition also deserves to be succeeded. For the aforesaid
reason, I pass the following:
ORDER
(i) The criminal petition is allowed.
(ii) The impugned proceedings in C.C.No.17/2023
pending on the file of learned Civil Judge and
JMFC, Kittur (arising out of Crime No.45/2021
of Kittur Police Station) for the offence under
Sections 3 and 7 of EC Act and also under
Sections 18(a) 18(b) and 18(c) of PDS
Control Order, 1992, are hereby quashed.
Sd/-
(VENKATESH NAIK T)
JUDGE
EM /CT-AN
