MEHABUB S/O RAJAK SHAIKH vs THE STATE OF KARNATAKA

Court
Karnataka High Court

- 1 -
HC-KAR
NC: 2026:KHC-D:16926
CRL.P No. 102304 of 2024


CNR: KAHC020123792024






IN THE HIGH COURT OF KARNATAKA AT DHARWAD

TH
DATED THIS THE 12 DAY OF OCTOBER, 2026

BEFORE

THE HON'BLE MR. JUSTICE VENKATESH NAIK T

CRIMINAL PETITION NO. 102304 OF 2024

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

BETWEEN:

1. MEHABUB S/O RAJAK SHAIKH
AGE: 54 YEARS, OCC: S.D.C.,
CHILD DEVELOPMENT PROJECT OFFICER OFFICE,
(C.D.P.O.OFFICE) VIJAYAPUR URBAN,
VIJAYAPUR-586101.

R/O. # 92, HORTI PLOT, TAKKE ROAD,
VIJAYAPURA-586101.
… PETITIONER
(BY MRS. KAVITHA JADHAV, ADVOCATE FOR
SRI. ARUN L. NEELOPANT, ADVOCATE)

AND:

1. THE STATE OF KARNATAKA
REPRESENTED BY
HIGH COURT OF KARNATAKA,
DHARWAD BENCH,
AT: DHARWAD-580011,
THROUGH JAMAKHANDI TOWN PS,
BAGALKOT.

2. ANURADHA BASAVANT HADIMANI
AGE: 45 YEARS, OCC: CDPO,
R/O. OFFICE OF CDPO JAMAKHANDI,
BAGALKOT-587301.
… RESPONDENTS
(BY SRI. JAIRAM SIDDI, HCGP FOR R1,
R2 SERVED)











Digitally signed by
CHANDRASHEKAR
LAXMAN
KATTIMANI
Location: HIGH
COURT OF
KARNATAKA
DHARWAD

- 2 -
HC-KAR
NC: 2026:KHC-D:16926
CRL.P No. 102304 of 2024


CNR: KAHC020123792024


THIS CRIMINAL PETITION IS FILED U/SEC. 482 OF CR.P.C.,
PRAYING TO QUASH COMPLAINT, FIR, CHARGE SHEET AND THE
ENTIRE PROCEEDINGS AS AGAINST THE PETITIONER/ACCUSED
NO.7 IN JAMKHANDI TOWN PS CRIME NO.102/2020 WHICH IS
NUMBERED AS CC NO.30/2023 FOR THE OFFENCES PUNISHABLE
UNDER SECTIONS 120(B), 407, 409, 411, 201, 477(A) R/W SEC.149
OF INDIAN PENAL CODE, PENDING ON THE FILE OF PRINCIPAL
SENIOR CIVIL JUDGE AND JMFC COURT JAMKHANDI AS PER
ANNEXURE-A,B,C AND D, IN THE ENDS OF JUSTICE.

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

CORAM: HON'BLE MR. JUSTICE VENKATESH NAIK T

ORAL ORDER

Heard Smt.Kavita Jadhav, learned counsel for Sri.Arun
L.Neelopant, learned counsel for the petitioner and Sri Jairam
Siddi, learned High Court Government Pleader for the
respondent No.1-State.

2. The petitioner/accused No.7 has filed this petition
under Section 482 of Cr.P.C. seeking to quash the entire
proceedings initiated against the petitioner in Crime
No.102/2020 (C.C.No.30/2023) of Jamkhandi Town Police
Station, registered for the offences punishable under Sections
120B, 407, 409, 411, 201, 477A read with Section 149 of IPC
pending on the file of the learned Principal Senior Civil Judge
and JMFC Court, Jamkhandi.

- 3 -
HC-KAR
NC: 2026:KHC-D:16926
CRL.P No. 102304 of 2024


CNR: KAHC020123792024



3. The brief facts of the prosecution case in nutshell
are as under:
On 20.10.2020, the defacto complainant who is working as
CDPO has lodged complaint alleging that the milk powder
supplied to Anganvadi and school children under the Karnataka
State Government's Ksheerabhagya Yojana Scheme, on which,
it is mentioned as ‘not for sale’, but accused No.1 to 8 have
allegedly engulfed with each other and illegally sold the milk
powder and made illegal gains from the alleged sale. Thus the
respondent-police registered the case in Crime No.102/2020 for
the offences under Sections 3 and 7 of the Essential
Commodities Act as against accused No.3 and later, the
investigation was carried out and the investigation was handed
over to the CID Department of Bengaluru. During the course of
investigation, the petitioner was arrayed as accused No.7. The
case of prosecution as against the petitioner being alleged that,
he is working as SDA in the CDPO Office, Vijayapur and he was
entrusted with the work of maintaining books of accounts and
indent letters in relation to food materials being received from
KMF i.e. milk powder packets, cooking oil and it was his duty to

- 4 -
HC-KAR
NC: 2026:KHC-D:16926
CRL.P No. 102304 of 2024


CNR: KAHC020123792024


store them in godown and supply to all the Anganwadis under
his jurisdiction as per the demand made by the concerned
schools. It is alleged that despite the petitioner being
government employee, he illegally for his personal gains
engulfed with accused No.4 and by conspiring with him, he
illegally sold blended milk powder for their personal gain.
Taking exception to the same, the petitioner has filed this
petition.

4. Learned counsel for the petitioner 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 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

- 5 -
HC-KAR
NC: 2026:KHC-D:16926
CRL.P No. 102304 of 2024


CNR: KAHC020123792024


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:
(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; .

- 6 -
HC-KAR
NC: 2026:KHC-D:16926
CRL.P No. 102304 of 2024


CNR: KAHC020123792024


(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 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

- 7 -
HC-KAR
NC: 2026:KHC-D:16926
CRL.P No. 102304 of 2024


CNR: KAHC020123792024


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 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. This court quashed the proceedings against accused
Nos.5 and 6 in Crl.P.No.102910/2025 disposed of on
23.09.2026.

6. In the light of the orders passed by this Court
supra, this court is of the opinion that the proceedings initiated
against the petitioner require to be quashed. Accordingly, this
Court proceed to pass the following:


- 8 -
HC-KAR
NC: 2026:KHC-D:16926
CRL.P No. 102304 of 2024


CNR: KAHC020123792024


ORDER

allowed.
(i) The criminal petition is hereby

(ii) The entire proceedings in Crime No.102/2020
(C.C.No.30/2023) of Jamkhandi Town Police
Station, registered for the offences punishable
under Sections 120B, 407, 409, 411, 201,
477A read with Section 149 of IPC pending on
the file of the learned Principal Senior Civil
Judge and JMFC Court, Jamkhandi, insofar as
petitioner/accused No.7 is concerned, is hereby
quashed.
In view of disposal of this petition, pending applications, if
any, do not survive for consideration and the same are disposed
of.

Sd/-
(VENKATESH NAIK T)
JUDGE



MBS
CT:GSM
LIST NO.: 1 SL NO.: 82