VEERANNA ALIAS IRANNA ALIAS VEERESH vs THE STATE OF KARNATAKA

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HC-KAR
NC: 2026:KHC-D:18379
CRL.P No. 102883 of 2025


CNR: KAHC020146092025



IN THE HIGH COURT OF KARNATAKA AT DHARWAD


TH
DATED THIS THE 11 DAY OF NOVEMBER, 2026

BEFORE

THE HON'BLE MR. JUSTICE VENKATESH NAIK T


CRIMINAL PETITION NO.102883 OF 2025


(482(Cr.PC)/528(BNSS)

BETWEEN:

1. VEERANNA @ IRANNA @ VEERESH
S/O. KOTTEPPA BADIGER,
AGE: 32 YEARS, OCC: BUSINESS,
R/O. HYADLAMATH LAYOUT,
TQ. MUNDARGI,
DIST. GADAG, PIN-582101.

2. SHIVANAND S/O. KOTTEPPA BADIGER,
AGE: 37 YEARS, OCC: BUSINESS,
R/O. KOMBALI, NOW RESIDING
AT: HYADLAMATH LAYOUT,
TQ. MUNDARGI,
DIST. GADAG, PIN-582101.

3. GAVISHIDAPPA S/O. PARASAPPA BHAJANTRI,
AGE: 37 YEARS, OCC: AGRICULTURE,
R/O. SIDDESHWAR NAGAR,
TQ. ALWANDI, DIST. KOPPAL, PIN-582101.











Digitally signed by
CHANDRASHEKAR
LAXMAN
KATTIMANI
Location: High
Court of Karnataka,
Dharwad Bench,
Dharwad

…PETITIONERS
(BY SRI MANOJ N. BIKKANNAVAR, ADVOCATE)

AND:

THE STATE OF KARNATAKA,
REPRESENTED BY
STATE PUBLIC PROSECUTOR,
HIGH COURT OF KARNATAKA,
DHARWAD, THROUGH MUNDARGI
POLICE STATION, PIN-582101.
…RESPONDENT
(BY SRI PRAVEENA Y. DEVAREDDIYAVARA, HCGP)

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NC: 2026:KHC-D:18379
CRL.P No. 102883 of 2025


CNR: KAHC020146092025


THIS CRIMINAL PETITION IS FILED U/S.482 OF CR.P.C. (U/S.
528 OF BNSS, 2023), PRAYING TO QUASH THE ENTIRE PROCEEDINGS
IN CONNECTION WITH C.C.NO.176/2024 (CRIME NO. 165/2023)
REGISTERED BY MUNDARGI POLICE STATION FOR THE OFFENCES
PUNISHABLE U/S.3 AND 7 OF ESSENTIAL COMMODITIES ACT, 1955
AND U/SEC.18 OF PDS CONTROL ORDER 2016, PENDING BEFORE THE
CIVIL JUDGE AND JMFC COURT MUNDARGI, GADAG DISTRICT WITH
RESPECT TO PETITIONERS/ ACCUSED NO.1 TO 3, IN THE INTEREST
OF JUSTICE.

THIS PETITION, COMING ON FOR FURTHER ARGUMENTS, THIS
DAY, ORDER WAS MADE THEREIN AS UNDER:

CORAM: HON'BLE MR. JUSTICE VENKATESH NAIK T

ORAL ORDER


The petitioners/accused Nos.1 to 3 have filed this
petition under Section 482 of the Code of Criminal
Procedure, 1973 / 528 of the Bharatiya Nagarik Suraksha
Sanhita, 2023 seeking to quash the entire proceedings in
C.C.No.176/2024 pending on the file of learned Civil Judge
and JMFC Court, Mundaragi, Gadag District, for the offences
punishable under Sections 3 and 7 of the Essential
Commodities Act, 1955 (“EC Act” for short) and also under
Sections 18 of the Karnataka Essential Commodities (Public
Distribution System) Control Order, 1992 (“PDS Control
Order, 1992” for short).

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2. The brief facts of prosecution case in a nut-shell
are as under:

(a) On 16.10.2023 at about 8.30 p.m., the de facto
complainant/Food Inspector attached to the office of the
Tahasildar, Mundaragi, received a credible information
about illegal storage of rice meant for distribution
through ration shops to sell the same in black market.
Hence, the Food Inspector proceeded to the said spot
along with his substaff and panchas, conducted raid and
seized, in all 3,900 kgs. Of rice worth Rs.1,32,600/-
under a seizure panchanama and lodged a complaint.

(b) The Investigating Officer after conducting investigation,
has filed a charge sheet before the jurisdictional court.
After receipt of the charge sheet, the Trial Court took
cognizance of the offences alleged against the
petitioners.

(c) Taking exceptions to the same, the petitioners have filed
this petition seeking to quash the entire proceedings
initiated against them in C.C. No.176/2024.

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3. Heard learned counsel for the petitioners and
learned High Court Government Pleader for the respondent-
State.

4. Learned counsel for the petitioners vehemently
contended that the Food Inspector being a de facto
complainant received credible information on 16.10.2023 at
about 8.30 p.m. and he conducted raid on the spot on the
same day. However, the FIR was registered on 17.10.2023
at 2.05 a.m. Further, the petitioners are not authorized
holders or suppliers under the PDS Control Order and thus,
the provisions of Sections 3 and 7 of the EC Act are not
applicable to them. Further, there is no prohibitory order as
against the petitioners and it is mandatory to have a
prohibitory order against the petitioners for not storing rice
as the petitioners are independent traders in the rice and
the owners of the seized goods. Further the provisions of
Section 100 of Cr.P.C. are not complied with before
conducting search and seizure. Therefore, the de facto
complainant conducted raid on the house property of the

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petitioners without obtaining any warrant from the
jurisdictional Magistrate. Further, the seized samples were
not sent to Forensic Science Laboratory. Hence, the
continuation of the criminal proceedings against the
petitioners/accused No.1 to 3 would amount to an abuse of
process of law.

5. Learned High Court Government Pleader orally
objected the petition.

6. Learned counsel for the petitioners contended
that all the lis stands covered by the judgment rendered by
a 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 on an identical issue,
the Co-ordinate Bench, at paragraph Nos.10 to 13, has
observed as under:
“10. The offense which has been alleged
against the petitioners is for transporting rice allegedly

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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.
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

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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.”


7. Learned High Court Government Pleader has not
disputed the position of law as is observed in the case cited
supra. Further, the learned High Court Government Pleader,
on instructions, submitted that the food grains seized by the
Investigating Officer were not referred to Forensic Science
Laboratory for examination. His submission is placed on
record.

8. In view of the issue in the lis, standing answered
by the judgment aforesaid quoted on all its force, the

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subject petition also deserves to be succeeded. For the
aforesaid reason, I proceed to pass the following:
ORDER

(i) The criminal petition is allowed.

(ii) The entire impugned proceedings in
C.C.No.176/2024 initiated against the
accused Nos.1 to 3/petitioners herein, and
pending on the file of learned Civil Judge and
JMFC Court, Mundaragi (arising out of Crime
No.165/2023 of Mundaragi Police Station)
registered for the offences punishable under
Sections 3 and 7 of the EC Act and under
Sections 18 of the PDS Control Order, 2016,
are hereby quashed.

Pending interlocutory applications, if any, stand
disposed of as they do not survive for consideration.


Sd/-
(VENKATESH NAIK T)
JUDGE
KMS /CT-AN
List No.: 1 Sl No.: 20