Karnataka High Court
Shoukat Ilahi Awati vs State Of Karnataka on 19 June, 2025
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NC: 2025:KHC-D:7857
CRL.P No. 101717 of 2025
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. 101717 OF 2025
(482 OF Cr.PC/528 OF BNSS)
BETWEEN:
SHOUKAT ILAHI AWATI,
AGE 45 YEARS, OCC: BUSINESS,
R/O. AVATI GALLI, JAMAKHANDI,
DIST. BAGALKOT-587301.
...PETITIONER
(BY SHRI HARSHWARDHAN M. PATIL, ADV. FOR
SHRI RAMESH I. ZIRALI, ADVOCATE)
AND:
1. STATE OF KARNATAKA,
POLICE SUB INSPECTOR,
JAMAKHANDI TOWN POLICE STATION,
DIST. BAGALKOT, REPRESENTED BY SPP,
HIGH COURT OF KARNATAKA,
AT: DHARWAD-580001.
Digitally
signed by
RAKESH S 2. NINGAPPA SHANKAR DESAI,
HARIHAR
Location: AGE: 43 YEARS, OCC: STATE GOVT. EMPLOYEE,
High Court
of Karnataka, FOOD INSPECTOR, TAHASILDAR OFFICE,
Dharwad
Bench JAMAKHANDI, DIST. BAGALKOT-587301,
REP. BY SPP, HCK, DHARWAD.
...RESPONDENTS
(BY SHRI ABHISHEK MALIPATIL, HCGP)
THIS CRIMINAL PETITION IS FILED UNDER SECTIONS 482 OF
CR.P.C. (528 OF BNSS), PRAYING TO CALL FOR RELEVANT
RECORDS, ALLOW THIS CRIMINAL PETITION BY QUASHING THE
PROCEEDINGS, ALLOW THIS CRIMINAL PETITION BY QUASHING THE
PROCEEDINGS IN C.C NO.247/2020 PUNISHABLE UNDER SECTIONS
3, 7, 23 AND 24 OF ESSENTIAL COMMODITIES ACT, 1955, PENDING
ON THE FILE OF PRINCIPAL CIVIL JUDGE AND JMFC JAMAKHANDI,
DIST. BAGALKOT, IN THE INTEREST OF JUSTICE AND EQUITY.
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CRL.P No. 101717 of 2025
HC-KAR
THIS PETITION, COMING ON FOR ADMISSION, THIS DAY,
ORDER WAS MADE THEREIN AS UNDER:
ORAL ORDER
(PER: THE HON'BLE MR. JUSTICE VENKATESH NAIK T)
Heard Sri Harshawardhan M. Patil, learned counsel for
Sri Ramesh I Zirali, learned counsel for the petitioner and Sri
Abhishek Malipatil, learned High Court Government Pleader
for respondents.
2. The petitioner has filed this petition under Section
482 of Cr.P.C. seeking to quash the entire proceedings in
C.C.No.247/2020 on the file of learned Principal Civil Judge
and JMFC, Jamakhandi, Bagalakote District for the offences
punishable under Sections 3, 7, 23 & 24 of the Essential
Commodities Act, 1955 ("EC Act" for short).
3. It is the case of the prosecution that respondent
No.2 - complainant being the Food Inspector filed complaint
against petitioner alleging that, on 15.03.2019 he received a
credible information that, one Mehiboob Mansoorsab Bagwan
is unauthorizedly distributing the rice at his shop, which was
meant for public distribution under the Government Scheme
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and as such the first informant along with sub-staff
conducted raid and found that no one was present at the
scene and shutter was closed and they went inside by
opening the shutter and found plastic bags containing rice
and he also found that 16 bags of rice were found in all 637
Kgs, after verification it has been confirmed that, same were
meant for public distribution system under fair price
distribution. Therefore, the shop owner Mehaboob Bagwan
was called for and the complaint has been lodged against
him.
4. After investigation, the Investigating Officer filed
charge sheet for the offences punishable under Section 3, 7,
23 & 24 of EC Act. 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
Co-ordinate Bench of this Court in the case of
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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 and in the
case of Raheemsab and others Vs. The state of
Karnataka and another in Crl.P.No.201480/2023
disposed of on 19.07.2023, wherein the identical issues have
been raised and have been answered in favour of the
petitioners therein. The Coordinate Bench of this Court in
Crl.P.No.5130/2023, 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
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invoices which are produced along with the present
petition, which have been placed before the
Investigating Officer have not been considered.
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.
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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.247/2020
on the file of learned Principal Civil Judge and
JMFC, Jamkhandi, Bagalakote District for the
offence punishable under Section 3, 7, 23 & 24
of EC Act stands quashed.
Sd/-
(VENKATESH NAIK T)
JUDGE
EM /CT-AN
