The petitioners were arrayed as accused Nos. 1 to 3 in FIR No. 81 of 2026 registered at Devapur Police Station for offences punishable under Sections 318(4) read with 3(5) of the Bharatiya Nyaya Sanhita, 2023 and Section 7 of the Essential Commodities Act, 1955. The specific allegation was that they procured PDS rice from beneficiaries at cheaper rates to sell for profit and were found in possession of 56 quintals of PDS rice on 24.08.2026.
Counsel for petitioners submitted that without any complaint from beneficiaries alleging deceptive procurement or criminal intent, the prosecution was untenable. He relied on Crl P.No.5709 of 2019 wherein this Court had quashed proceedings in a similar situation.
The Court examined Section 7 of the EC Act which penalises contravention of production, supply, distribution and trade of essential commodities. As per the prosecution, petitioners procured PDS rice from beneficiaries after supply from the dealer.
A Coordinate Bench in CrL.P.No.7227 of 2025 had considered identical facts and observed that there was no averment that the petitioner deceptively induced beneficiaries to part with supplied PDS rice, or that beneficiaries entrusted rice with the petitioner who then dishonestly misappropriated or converted it. In the absence of these essential factors, the continuance of proceedings was held to be an abuse of process of law, warranting exercise of jurisdiction under Section 528 BNSS.
Finding the facts and circumstances of the present case similar, this Court applied the same analogy and held it to be a fit case to exercise jurisdiction under Section 528 BNSS. The Criminal Petition was allowed and proceedings in FIR No. 81 of 2026 against the petitioners/accused Nos. 1 to 3 were quashed. Pending miscellaneous applications, if any, were closed.
