Karnataka High Court
Fayaz S/O Abdulkareem Patel vs The State Of Karnataka on 14 July, 2025
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NC: 2025:KHC-D:8674
CRL.P No. 103288 of 2024
HC-KAR
IN THE HIGH COURT OF KARNATAKA,
DHARWAD BENCH
DATED THIS THE 14TH DAY OF JULY, 2025
BEFORE
THE HON'BLE MR. JUSTICE VENKATESH NAIK T
CRIMINAL PETITION NO. 103288 OF 2024
(482 OF Cr.PC/528 OF BNSS)
BETWEEN:
1. FAYAZ S/O. ABDULKAREEM PATEL,
AGE: 42 YEARS, OCC: PRIVATE WORK,
R/O.83, III RD CROSS, RUKMINI NAGAR,
BELAGAVI, NOW AT: 4TH CROSS,
VEERBHADRA NAGAR, BELAGAVI-590016.
2. MOHAMADAHAMAD S/O. BASHIRAHMAD TARWALE,
AGE: 40 YEARS, OCC: PRIVATE WORK,
R/O. H.NO.29/2, 4TH CROSS,
VEERBHADRA NAGAR, BELAGAVI-590016.
...PETITIONERS
(BY SRI. M. J. PEERJADE, ADVOCATE)
AND:
Digitally signed THE STATE OF KARNATAKA,
by RAKESH S
HARIHAR THROUGH P.S.I. MARKET POLICE STATION, BELAGAVI,
Location: High
Court of
R/BY. SPP, HIGH COURT OF KARNATAKA, BENCH DHARWAD.
Karnataka,
Dharwad Bench ...RESPONDENT
(BY SMT. KIRTILATA R. PATIL, HCGP)
THIS CRIMINAL PETITION IS FILED UNDER SECTION 482 OF
CR.P.C. (UNDER SECTION 528 OF BNSS), SEEKING TO THE
PROCEEDINGS INITIATED AGAINST BOTH THE PETITIONERS/
ACCUSED NO.1 AND 2 IN C.C. NO.566/2023 OF MARKET P.S.
CR.NO.207/2022, PENDING ON THE FILE OF II ND J.M.F.C. COURT,
BELGAVI, OF THE OFFENCES PUNISHABLE UNDER SECTIONS 3 AND
7 OF THE ESSENTIAL COMMODITIES ACT 1955 BE QUASHED IN THE
INTEREST OF JUSTICE.
THIS PETITION, COMING ON FOR ADMISSION, THIS DAY,
ORDER WAS MADE THEREIN AS UNDER:
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NC: 2025:KHC-D:8674
CRL.P No. 103288 of 2024
HC-KAR
ORAL ORDER
(PER: THE HON'BLE MR. JUSTICE VENKATESH NAIK T)
1. Heard Sri.M.J.Peerjade, learned counsel for the petitioners and Smt.Kirtilata Patil, learned High Court Government Pleader for respondent-State.
2. The petitioners have filed this petition under Section 482 of the Criminal Procedure Code (for short, 'the Cr.P.C.), to quash the entire proceedings in C.C.No.566/2023 on the file of the learned JMFC-II Court, Belagavi, for the offence punishable under Sections 3 and 7 of the Essential commodities Act, 1955, (for short, 'the E.C.Act').
3. The brief facts of the prosecution case are as under:
On 13.12.2022, the first informant lodged a complaint, alleging that on the same day, while he was at his residence, he received a credible information at about -3- NC: 2025:KHC-D:8674 CRL.P No. 103288 of 2024 HC-KAR 9.15 a.m., through a call from the PSI, Market Police Station, that the rice meant for distribution amongst the public under a Government Scheme was being transported in Leyland truck near the Koyla Hotel cross through the Nyayamarg road. Hence, the first informant secured two panchas conducted a raid, and seized 160 bags of rice each weighing 50 kg and 3 bags weighing 70 kg i.e., a totally of 163 bags weighing 8,210 kg approximately valuing 1,88,830/-. Thus, he registered suo moto case in Crime No.207/2022 for the aforesaid offences. Taking exception of the same, the petitioners have filed this petition.
4. Learned counsel for the petitioners submits that the issue in the subject criminal petition stands covered by the judgments rendered by the Co-ordinate Benches of this Court in Criminal Petition No.102201/2019 disposed of on 02.02.2022, Criminal Petition No.4233/2016 disposed of on 18.08.2016, Criminal Petition No.101518/2017 disposed of on 06.02.2019 and Criminal Petition -4- NC: 2025:KHC-D:8674 CRL.P No. 103288 of 2024 HC-KAR No.3790/2012 c/w Criminal Petition No.3708/2012 disposed of on 06.07.2015 which has been followed by several other Benches. This Court in Criminal Petition No.4233/2016 has held as follows:
"3. As on 16.5.2016 a case has been registered in Crime No.230/2016 by the Sub-Inspector, Challakere Police Station, within the jurisdiction of the Court of Principal Civil Judge and JMFC, Challakere and therefore the petitioners are before this Court.
4. The learned counsel Sri S.P.Kulkarni would contend that insofar as enforcement of the Essential Commodities Act is concerned, there are specific provisions under the Karnataka Essential Commodities (Public Distribution System) Control Order, 1992, which are applicable to the present case on hand. Paragraph 19 thereof provides as follows:
19. Powers of Entry, Search, Seizure, etc.:
(1) The Director of Food and Civil Supplies, the Joint Directors of Food and Civil Supplies, or the Tahsildar of a taluk, and Authorized Authority or any other officer of the Department of Food and Civil Supplies not below the rank of a Food Inspector within their jurisdiction may with such assistance, if any, as he thinks fit and if he has reason to believe that there is or has been any contravention of the provisions of this order or with a view to securing compliance with this order or to satisfying himself that there is or has been any contravention of the order:-5-
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(a) require the owner, occupier or any other person in charge of any place, premises, vehicle or vessel in which he has reason to believe that any contravention of the provisions of this order or of the conditions of any authorization issued there under has been, is being or is about to be committed, to produce any books, accounts or other documents showing transactions relating to such contraventions:
(b) enter, inspect or break open and search any place or premises, vehicle or vessel in which he has reason to believe that any contravention of the provisions of this order orof the conditions of any authorization issued there under has been, is being or is about to be committed; .
(c) take or cause to be taken extracts from or copies of any documents showing transactions relating to such contraventions which are produced before him;
(d) search, seize and remove books, accounts and other documents and stocks of essential commodity and the animals vehicles, vessels or other conveyance used in carrying the said essential commodities in contravention of the provisions of this order, or of the conditions of the authorization issued there under and thereafter take or authorize the taking of all measures necessary for securing the production of stocks, of essential commodity and the animals, vehicles, vessels or other conveyance so seized, in a Court for their safe custody pending such production.
(2) The provisions of Section 100 of the Code of Criminal Procedure, 1973 (Central Act 2 of 1974) relating to search and seizure shall so far may be, apply to searches and seizures clause."
5. The learned counsel would therefore contend that from the tenor of the above stated Section, the mechanism for regulating and enforcing the Essential -6- NC: 2025:KHC-D:8674 CRL.P No. 103288 of 2024 HC-KAR Commodities Act and the prevention of any such illegal transaction or sale of foodgrains is under the power and control of officers authorized by the State Government and the said powers cannot be enforced or exercised by police, as in the present case on hand the entire action of the police authorities is illegal and without jurisdiction and the seizure of the foodgrains which are now kept in the open space are susceptible and certainly would cause loss to the petitioners and therefore would submit on the sole ground that the seizure search and seizure of foodgrains has been made illegal and without jurisdiction, the entire proceedings ought to be quashed and the goods be released in favour of the petitioners.
6. The learned State Public Prosecutor would concede that the said regularization namely The Karnataka Essential Commodities (Public Distribution System) Control Order, 1992 does prescribe the Authority or the Officers who could carry out search and seizure of foodgrains to which the provisions of the Essential Commodities Act and other alike provisions would apply and that the seizure by the police was without authority cannot be the glaring circumstance." and in the Criminal Petition No.101580/2017 this Court has held as follows:
"Having heard the argument of both the sides, there is no dispute with regard to the fact that the raid was conducted and the rice was seized at the instance of the persons who are engaged in loading the good -7- NC: 2025:KHC-D:8674 CRL.P No. 103288 of 2024 HC-KAR grains to the lorry on 06.06.2017 and all these petitioners claims that they are the owner of the godown, driver of the vehicle and also the owner of the rice and the petitioners in support of their contention that they have purchased the rice from the APMC they have relied upon the receipt issued by the APMC which is annexed along with this petition and the same is dated 5.6.2017 apart from that the report which has been received recently confirms that the food grains which has been seized is not the PDS rice samples and when such being the case, I am of the opinion that continuing of proceedings initiated against the petitioners is nothing but an abuse of process and it amounts to miscarriage of justice and hence it is a fit case to exercise powers under Section 482 of Cr.P.C. to quash the proceedings initiated against the petitioners."
5. In the light of the orders passed by this Court supra, the following:
ORDER
(i) The criminal petition is allowed.
(ii) The Proceedings in C.C.No.566/2023 pending on the file of learned JMFC-II Court, Belagavi, arising out of Crime -8- NC: 2025:KHC-D:8674 CRL.P No. 103288 of 2024 HC-KAR No.207/2022 stands quashed against the petitioners.
Sd/-
(VENKATESH NAIK T) JUDGE AC /CT-AN List No.: 2 Sl No.: 1