Karnataka High Court
Sri. Girisha vs The State Of Karnataka on 5 June, 2025
Author: S.R.Krishna Kumar
Bench: S.R.Krishna Kumar
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NC: 2025:KHC:18929
CRL.P No. 1459 of 2025
HC-KAR
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 5TH DAY OF JUNE, 2025
BEFORE
THE HON'BLE MR. JUSTICE S.R.KRISHNA KUMAR
CRIMINAL PETITION No. 1459 OF 2025 (482 Cr.P.C. /
528 BNSS)
BETWEEN:
1. SRI. GIRISHA,
S/O LATE GANGAIAH,
AGED ABOUT 42 YEARS,
DRIVER OF VEHICLE,
R/O BADARAKATTE VILLAGE,
HEBBURU HOBLI,
TUMAKURU-572101.
2. SRI DEVARAJA,
S/O HANUMANTHAIAH,
AGED ABOUT 49 YEARS,
CLEANER OF LORRY,
R/O SOPANAHALLI VILLAGE,
Digitally signed HEBBURU HOBLI,
by VALLI
MARIMUTHU TUMAKURU 572101.
Location: HIGH
COURT OF 3. SRI SYED IMTIYAZ,
KARNATAKA
S/O SYED SAB B.,
AGED ABOUT 48 YEARS,
OWNER OF VEHICLE,
R/O No.110, BARLINE,
NIJALAING, DAVANAGERE TOWN,
DAVANAGERE-577002.
...PETITIONERS
(BY SRI VASANTHAKUMAR K. M., ADVOCATE)
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NC: 2025:KHC:18929
CRL.P No. 1459 of 2025
HC-KAR
AND:
1. THE STATE OF KARNATAKA,
REPTD. THALAK POLICE STATION,
CHALLAKERE CIRLCE,
CHITRADURGA DISTRICT,
NOW REP. BY STATE P. P.,
HIGH COURT OF KARNATAKA BUILDING,
BENGALURU-560001.
2. SRI SRINIVAS P.,
S/O PEDDA LAKASHAMANA,
AGE: 55 YEARS
FOOD SECTION,
CHALLAKERE TALUK OFFICE,
CHALLAKERE-577522,
CHITRADURGA DISTRICT.
...RESPONDENTS
(BY SMT. SOWMYA R., HCGP FOR R1;
R2 SERVED)
THIS CRL.P IS FILED UNDER SECTION 482 OF CR.PC
(FILED U/S 528 BNNS) PRAYING TO QUASH THE ENTIRE
PROCEEDINGS IN C.C No.148/2023 PENDING ON THE FILE OF
ITINERARY SENIOR CIVIL JUDGE AND JMFC COURT,
MOLAKALMURU, CHITRADURGA DIST., FILED UNDER SEC.3
AND 7 OF THE ESSENTIAL COMMODITIES ACT, 1955 R/W SEC.
420 OF I.P.C, HEREIN BEING TOTALLY ARBITRARY,
ERRONEOUS WITHOUT JURISDICTION AND AMOUNTING TO
ABUSE OF PROCESS OF COURT.
THIS PETITION COMING ON FOR ADMISSION THIS DAY,
ORDER WAS MADE THEREIN AS UNDER:
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NC: 2025:KHC:18929
CRL.P No. 1459 of 2025
HC-KAR
CORAM: HON'BLE MR JUSTICE S.R.KRISHNA KUMAR
ORAL ORDER
In this petition, petitioners seek the following reliefs;
"a) Call for the records in C.C No.148/2023 pending before Itinerary Senior Civil Judge and JMFC Court, Molakalmuru, Chitradurga Dist.
b) Quash the entire proceedings in C.C No.148/2023 pending on the file of Itinerary Senior Civil Judge and JMFC Court, Molakalmuru, Chitradurga District, filed under Sec.3 and 7 of the Essential Commodities Act, 1955 r/w Sec. 420 of I.P.C, herein being totally arbitrary, erroneous without jurisdiction and amounting to abuse of process of Court, in the interest of justice and equity.
c) Grant such other and further reliefs as are just even including the costs of this petition in the interest of justice and equity."
2. Heard learned counsel for the petitioners and learned High Court Government Pleader for respondent No.1-State.
Respondent No.2 having been served has chosen to remain unrepresented and has not contested the proceedings. -4-
NC: 2025:KHC:18929 CRL.P No. 1459 of 2025 HC-KAR
3. A perusal of the material on record will indicate that on 30.01.2021, respondent No.2 filed complaint about the suspected unauthorized loading and transporting of rice belonging to the Public Distribution System Scheme (PDS) by the petitioners. It is relevant to state that petitioner No.1 is the driver of the subject vehicle, petitioner No.2 is the cleaner and petitioner No.3 is the owner of the lorry, which was intercepted by the respondents. In pursuance of the aforesaid complaint, FIR in Crime No.16/2021 was registered for the offences punishable under Sections 3 and 7 of the Essential Commodities Act, 1955 read with Section 420 of IPC and the subject vehicle was seized by the Police along with food grains.
4. On 12.07.2021, the FCI submitted analysis report, which is as under;
"Divisional Office: Saraff Complex, Sir M.Visveswaraiah Road, Shimoga-577201 File No.QC/6(1)//2020-21 Date 12.07.2021 To The Sub Inspector, Thalak Police station, Challakere Circle.
Chitradurga (Dist).-5-
NC: 2025:KHC:18929 CRL.P No. 1459 of 2025 HC-KAR Sir.
Sub: Returning of rice sample referred to FCI, DO, Lab-Reg.
With reference to your Lr.No.SDPO:CLK:
FSL:90/21 Dt:-04.7.2021 and CR.No.16, where in it was requested to analyze the samples for establishing if the said sample is of PDS rice. It is to clarify that FCI analyses samples with reference to certain quality parameters with reference to PFA/FSSAI standards. The Parameters/Specification given by Govt. of India for procurement of food grains meant for PDS from time to time. The Uniform Specifications for the current Procurement season KMS(2019-20) your reference. It can be observed that the parameters are wide in range and do not have specific standards to identify/classify/categorize as desired in your case.
Further, it is advised that the PDS stock only can be identified if the stenciling, flaps, colour coding of bags and double line machine stitching with the specific colour of threads are intact. Mere analysis of samples it is not possible to draw any such conclusion beyond doubt. Hence we can't ascertain that the seized bags belongs to Anna Bhagya Yojana or meant for PDS, as the similar variety of rice is also available in the market and also gunny bags can also be reused for packing of any commodities Therefore, it is requested to collect the refer samples.
Enclosed: As above.
Yours faithfully Sd/-
Manager
5. It is the grievance of the petitioner that the aforesaid report by the FCI is inconclusive and states to the effect that the rice meant for distribution under the PDS Scheme was not -6- NC: 2025:KHC:18929 CRL.P No. 1459 of 2025 HC-KAR stored in the plastic bags, the respondents have proceeded to file the impugned charge sheet, which is impermissible and contrary to the judgments of Co-ordinate Bench of this Court in Sri Muruli .V and another vs. The State of Karnataka and another1; Jayaram K and others vs. The State of Karnataka and another2; and Riyaz Ahmed and others vs. The State of Karnataka and another3 and as such, the impugned proceedings deserve to be quashed.
6. Per contra, learned High Court Government Pleader submits that there is no merit in the petition and the same is liable to be dismissed.
7. In the instant case, as could be seen from the aforesaid FCI report, the same is inconclusive and it is specifically stated that it is not possible to ascertain that the seized bags belong to Anna Bhagya Yojana, which are meant for PDS, as similar variety of rice is also available in the market and also gunny bags can be reused for packing of any commodities. The aforesaid FCI report also states that mere analysis of samples 1 Crl.P.No.1308/2024, DD 04.03.2024.
2Crl.P.No.101518/2017, DD 06.02.2019. 3 Crl.P.No.7648/2019, DD 26.09.2022.
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NC: 2025:KHC:18929 CRL.P No. 1459 of 2025 HC-KAR cannot lead to the conclusion that there was commission of offence as alleged by the respondents.
8. Under these circumstances, in light of the inconclusive FCI report obtained by the respondents themselves and the principles enunciated by the Co-ordinate Benches of this Court in the aforesaid judgments, I am of the opinion that the impugned proceedings deserve to the quashed.
9. In the result, the following;
Order
(i) The petition is allowed.
(ii) The entire proceedings in C.C No.148/2023 pending on the file of Senior Civil Judge and JMFC Court, Molakalmuru, Chitradurga District, filed under Sec.3 and 7 of the Essential Commodities Act, 1955 r/w Sec. 420 of I.P.C, are hereby quashed.
Sd/-
(S.R.KRISHNA KUMAR) JUDGE MV, List No.: 1 Sl No.: 13