VISHAL vs THE STATE OF KARNATAKA

Court
Karnataka High Court

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CRL.P No. 201291 of 2025


CNR: KAHC030095922025




IN THE HIGH COURT OF KARNATAKA

KALABURAGI BENCH


TH
DATED THIS THE 30 DAY OF SEPTEMBER, 2026

BEFORE

THE HON'BLE MR. JUSTICE TYAGARAJA N. INAVALLY

CRIMINAL PETITION NO.201291 OF 2025

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

BETWEEN:

VISHAL S/O DINESHKUMAR HALANI,
AGE: 37 YEARS, OCC: BUSINESS,
R/O DHUDLA ROAD, MORVI
TQ. AND DIST. MORVI GUJARAT-363 641.
NOW AT NAWADGERI, YADGIR-585 302.






…PETITIONER

(BY SRI. AMEERAHAMAJA ABDULKADAR GUNNAPUR,
ADVOCATE)


AND:

1. THE STATE OF KARNATAKA THROUGH,
BHEEMARAYANAPUR POLICE STATION
YADGIRI DIST., REPRESENTED BY
THE ADDL. STATE PUBLIC PROSECUTOR,
HIGH COURT OF KARNATAKA,
KALABURAGI – 585 102.


Digitally signed
by RENUKA
Location: HIGH
COURT OF
KARNATAKA


2.
AYYAPPA P.S.I.
GOGI POLICE STATION, GOGI,
TQ. SHAHAPUR, DIST. YADAGIR.

…RESPONDENTS
(BY SRI. JAMADAR SHAHABUDDIN, HCGP)
THIS CRIMINAL PETITION IS FILED UNDER SECTION 482
CR.P.C. U/S.528 BNSS 2023, PRAYING TO, ALLOW THE
PRESENT CRIMINAL PETITION AND ALSO QUASH THE ENTIRE

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PROCEEDING IN CRIME NO.87/2021 REGISTERED AT
BHEEMARAYANAGUDI POLICE STATION, YADGIRI DIST.
AGAINST PETITIONERS AND FILED CHARGE SHEET IN
CC NO.124/2022 FILED BEFORE SENIOR CIVIL JUDGE AND
JMFC Court, SHAHAPUR, FOR THE OFFENCE PUNISHABLE
U/SEC.ESSENTIAL COMMODITIES ACT, 1955 U/SEC.3 AND 7
IN THE INTEREST OF JUSTICE AND EQUITY. THE SAID CASE
TRIALED AT HON’BLE SENIOR CIVIL JUDGE JMFC SHAHAPUR.
THIS PETITION, COMING ON FOR ADMISSION, THIS DAY,
ORDER WAS MADE THEREIN AS UNDER:
CORAM: HON'BLE MR. JUSTICE TYAGARAJA N. INAVALLY

ORAL ORDER
Heard learned counsel for the petitioner and
learned High Court Government Pleader for the
respondents (for short ‘HCGP’). Perused the relevant
materials on record.


2. This petition is filed by the petitioner/
accused No.6 under Section 528 of Bharatiya Nagarik
Suraksha Sanhita, 2023 (for short ‘BNSS’) praying for
an order to quash the entire proceedings in the case in
CC No.124/2022 pending before the learned Senior Civil

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Judge and JMFC, Shahapur, arising out of Crime
No.87/2021 of the respondent Police for the offences
punishable under Sections 3 and 7 of Essential
Commodities Act (for short ‘EC Act’).


3. The learned HCGP for the respondents has
orally objected to the petition, submitting that there is
prima facie case against the petitioner along with other
accused persons for the offences punishable under
Sections 3 and 7 of EC Act. The charge sheet is already
filed. No ground is made out by the petitioner for
quashing the proceedings. Therefore, the learned HCGP
has sought for dismissal of the petition.


4. The case alleged against the petitioner and
other accused persons is that on 26.11.2021 at about
02.00 a.m., when the respondent No.2 was in the police
station, he received credible information that rice meant
for distribution under the Public Distribution System

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(PDS) was being illegally transported from Gurumitkal
to the State of Gujarat. Hence, he along with his staff
and panchas went to the spot and found three Trucks
bearing No.GJ-36/T-4233, GJ-36/V-7433 and
GJ-36/V-1233. He stopped those vehicles and on
enquiry, the drivers of those vehicles revealed that the
accused No.1 was illegally transporting the rice
belonging to public distribution system through the said
vehicles and hence, same were seized under the
panchanama. Thereafter, he registered the case in
Crime No.87/2021 for the offences punishable under
Sections 3 and 7 of EC Act and after investigation, filed
the charge sheet against the accused persons including
the petitioner for the aforesaid offences.


5. The contention of the petitioner, who is
accused No.6 in the case is that there is no material
against him for the alleged offence and he has not
involved in the said case. One of the grounds urged in

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the petition is that Section 114(b) of Indian Evidence Act
specifies that an accomplice is unworthy of credit,
unless he is corroborated in material particulars and
hence, without any corroborative material, the case
against the petitioner cannot be proceeded with.


6. As submitted by the learned counsel for the
petitioner and also as forthcoming from the papers on
record, except statements of the accused No.2 to 5,
there is absolutely no material collected by the
Investigating Officer during the investigation of the case
against the petitioner for the alleged offences.


7. Moreover, the learned counsel for the
petitioner has produced the order dated 02.07.2025 in
Criminal Petition No.201047/2025, order dated
18.08.2016 in Criminal Petition No.4233/2016 and the
order dated 13.12.2018 in Criminal Petition
No.201430/2018 of the Coordinate Bench of this Court,

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wherein it is held that if the case is registered not by the
Authorized officer as per the provisions of EC Act, the
case does not stand for consideration.


8. The materials on record would show that the
police attached to the respondent police station had no
jurisdiction either to register the case for the alleged
violation of the provisions of EC Act or did they have
any authority to seize the alleged commodity and hence,
registration of the criminal case and consequent
investigation and prosecution of the petitioner before
the criminal Court is bad in law and contrary to the

provisions of the Act.


9. It is well settled that power of investigation
and seizure is vested with the Authorized officer
appointed under EC Act. Therefore, in the above
referred orders, the proceedings against the concerned
accused persons are quashed for the offences

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punishable under the provisions of EC Act. Therefore,
as per the facts of the case and also in law, the
proceedings initiated against the petitioner do not stand
for consideration. Hence, the continuation of such
proceedings against the petitioner would amount to
abuse of the process of Court and the same should be
prevented under the inherent powers of this Court
provided in Section 528 of BNSS. Hence, the petitioner
has made out sufficient grounds to quash the
proceedings initiated against him and consequently, the

petition deserves to be allowed.


10. In the result, I proceed to pass the following:

ORDER

(a) The Criminal Petition is allowed.

(b) The entire proceedings in the case in
CC No.124/2022, pending before the
learned Senior Civil Judge and JMFC,
Shahapur arising out of Crime
No.87/2021 of the respondent No.1 Police

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for the offences punishable under
Sections 3 and 7 of the Essential
Commodities Act is quashed insofar as
the petitioner/ accused No.6 is
concerned.

In view of disposal of the main petition, interim
application, if any, does not survive for consideration
and accordingly, stands disposed of.


Sd/-
(TYAGARAJA N. INAVALLY)
JUDGE


RSP
List No.: 1 Sl No.: 24/CT: SB