Karnataka High Court
Siddesh U S/O Adiveppa vs The State Of Karnataka on 6 February, 2024
Author: N.S.Sanjay Gowda
Bench: N.S.Sanjay Gowda
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NC: 2024:KHC-D:2533
CRL.P No. 100220 of 2024
C/W CRL.P No. 103614 of 2023
IN THE HIGH COURT OF KARNATAKA,
DHARWAD BENCH
DATED THIS THE 6TH DAY OF FEBRUARY, 2024
BEFORE
THE HON'BLE MR JUSTICE N.S.SANJAY GOWDA
CRIMINAL PETITION NO. 100220 OF 2024
C/W
CRIMINAL PETITION NO. 103614 OF 2023
IN CRL.P.100220 OF 2024:
BETWEEN:
1. BASANT AGRO TECH (INDIA) LTD.,
SY. NO. 66-A/4, HANUMANAHALLI,
DANAPUR PANCHAYAT, HOSPET-583212,
VIJAYANAGAR DISTRICT,
R/BY ITS COMPLIANCE OFFICER,
NITIN P. TALOKAR.
2. DIRECTOR,
BASANT AGRO TECH (INDIA) LTD.,
SY.NO. 66-A/4, HANUMANAHALLI,
DANAPUR PANCHAYAT, HOSPET-583212,
VIJAYANAGR DISTRICT.
3. NITIN P. TALOKAR,
COMPLIANCE OFFICER AND MARKETING MANAGER,
MANJANNA
E BASANT AGRO TECH (INDIA) LTD.,
Digitally signed
SY.NO. 66-A/4, HANUMANAHALLI,
by MANJANNA E
Date: 2024.02.08
11:09:02 +0530
DANAPUR PANCHAYAT, HOSPET-583222,
TQ. HOSPET, VIJAYANAGR DISTRICT.
... PETITIONERS
(BY SRI. RAJASHEKHAR BURJI, ADVOCATE)
AND:
STATE OF KARNATAKA,
R/BY AGRICUTLURE OFFICER & FERILIZER INSPECTOR,
SHRI. NAGARJUN J., RAITH SAMPARKA KENDRA,
KOGOLI-583220, TQ. HAGARIBOMMANHALLI,
DIST. BALLARI.
... RESPONDENT
(BY SRI. P.N. HATTI)
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NC: 2024:KHC-D:2533
CRL.P No. 100220 of 2024
C/W CRL.P No. 103614 of 2023
THIS CRIMINAL PETITION IS FILED U/SEC. 482 OF CR.P.C.
SEEKING TO ALLOW THE CRIMINAL PETITION AND QUASH THE
IMPUGNED ORDER DATED 19.10.2022 AND ALL FURTHER
PROCEEDINGS IN P.C.R.NO.22/2022 (C.C.NO.659/2022) ON THE
FILE OF CIVIL JUDGE AND JMFC, HAGARIBOMMANAHALLI, INITIATED
BY THE RESPONDENT, FOR THE OFFENCE P/U/SEC. UNDER CLAUSE
19(A) OF FERTILIZER (CONTROL) ORDER, 1985 AND SEC. 7 OF THE
ESSENTIAL COMMODITIES ACT, 1955, IN THE INTEREST OF JUSTICE
AND EQUITY.
IN CRL.P. NO. 103614 OF 2023:
BETWEEN:
SIDDESH U. S/O ADIVEPPA,
AGED ABOUT 22 YEARS,
OCC. PARTNER AND OWNER OF SREE MARULA
SIDDESHWARA TRADERS, HANASI,
R/O. HANASI, TQ. HAGARIBOMMANAHALLI,
DIST. VIJAYA NAGAR-583201.
... PETITIONER
(BY SRI. T. HANUMAREDDY, ADVOCATE)
AND:
THE STATE OF KARNATAKA,
THROUGH SREE NAGARJUNA J.,
FERTILIZER INSPECTOR AND AGRICULTURAL OFFICER,
FORMERS INFORMATION CENTER, KOGALI,
DEPARTMENT OF AGRICULTURE,
TQ. HAGARIBOMMANAHALLI,
DIST. VIJAYANAGAR,
R/BY SPP, HIGH COURT OF KARNATAKA,
DHARWAD-580011.
... RESPONDENT
(BY SRI. P.N. HATTI, HCGP)
THIS CRIMINAL PETITION IS FILED U/S 482 OF CR.P.C.
SEEKING TO QUASH THE ORDER DATED 19.10.2022 IN TAKING
COGNIZANCE OF THE OFFENCE U/S 19(A) OF THE FERTILIZER
(CONTROL) ORDER 1985 AND U/S 7 OF THE ESSENTIAL
COMMODITIES ACT AND QUASH ENTIRE PROCEEDINGS PURSUANT
TO THAT, IN CRIMINAL CASE NO.659/2022 ON THE FILE OF THE
CIVIL JUDGE AND JMFC AT HAGARIBOMMANAHALLI IN SO FAR THE
PETITIONER/ACCUSED NO.2 IN THE INTEREST OF JUSTICE AND
EQUITY.
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NC: 2024:KHC-D:2533
CRL.P No. 100220 of 2024
C/W CRL.P No. 103614 of 2023
THESE PETITIONS, COMING ON FOR ADMISSION, THIS DAY,
THE COURT MADE THE FOLLOWING:
ORDER
1. These petitions are filed by the Manufacturer and the Dealer challenging the registration of criminal proceedings for offences punishable under Section 19(A) of the Fertilizer (Control) Order 1985 and under Section 7 of the Essential Commodities Act.
2. It is the contention of the learned counsel for petitioners that the entire proceedings stands vitiated, since the prescribed procedure for drawing of samples has not been adhered too.
3. The material that is produced along with these petitions indicates in respect of Batch No.17(A), having a quantity of 12 Metric Tonnes of fertilizers, only one bag containing 150 kilograms bag was selected for sampling.
4. Clause 2 (C) of part II of the Fertilizer (Control) Order, 1985 categorically states that the number of bags to be chosen from a lot would depend on the size of the lot.
5. The said clause also indicates that if there is a lot of 201 to 400 bags, the minimum number of bags to be -4- NC: 2024:KHC-D:2533 CRL.P No. 100220 of 2024 C/W CRL.P No. 103614 of 2023 selected for sampling are four. However, in this case, it is seen that, only one bag was selected for sampling. The non- adherence to the prescribed manner of sampling as provided in the Fertilizer (Control) Order, 1985 would obviously vitiate the entire proceedings. Consequently, the impugned proceedings are quashed.
Sd/-
JUDGE VB CT:BCK List No.: 1 Sl No.: 39