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Police Lacked Jurisdiction Under Essential Commodities Act for PDS Goods Seizure

Case Law Details

TaxGuru Citation
2025 taxguru.in 5226
Case Name
Siddappa Vs State of Karnataka (Karnataka High Court)
Date of Judgement/Order
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Siddappa Vs State of Karnataka (Karnataka High Court)

In a significant ruling concerning the enforcement of the Essential Commodities Act, the Karnataka High Court has quashed criminal proceedings against petitioners in the case of Siddappa Vs State of Karnataka. The High Court’s decision centered on the lack of jurisdiction of police officers to conduct search and seizure operations under the specific provisions of the Karnataka Essential Commodities (Public Distribution System) Control Order, 1992. This judgment reinforces the principle that only designated authorities are empowered to act in such matters, thus highlighting procedural adherence in legal enforcement.

The case originated from an incident on October 4, 2024, when the Police Sub-Inspector (PSI) of Bagalkote CEN Police received intelligence regarding the alleged illegal transportation of rice, cooking oil, milk, and ragi powder earmarked for the public distribution system (PDS). Acting on this information, the PSI intercepted a vehicle and seized a substantial quantity of these commodities, including 140 bags of milk powder, 13 bags of ragi powder, 5 boxes of cooking oil, and 4 bags of ration control rice. Subsequently, a suo moto case was registered in Crime No. 34/2024 for alleged offences under Sections 3(5), 314, 316(1)(2)(3), and 318(1)(2)(3) of the Bharatiya Nyaya Sanhita, 2023. The petitioners, who were implicated in this case, approached the High Court seeking to quash the entire proceedings, arguing that the police action was beyond their legal authority.

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Author Info

CA Sandeep Kanoi
Qualification: CA in Job / Business
Company: Taxguru Consultancy
Location: Mumbai, Maharashtra
Articles Published: 19,237

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