Karnataka High Court
Zuari Agro Chemicals Ltd vs Raghunath M Patil on 21 October, 2022
Author: Hemant Chandangoudar
Bench: Hemant Chandangoudar
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CRL.P No. 102107 of 2022
IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH
DATED THIS THE 21ST DAY OF OCTOBER, 2022
BEFORE
THE HON'BLE MR JUSTICE HEMANT CHANDANGOUDAR
CRIMINAL PETITION NO. 102107 OF 2022 (482-)
BETWEEN:
ZUARI AGRO CHEMICALS LTD
JAIKISAN BHAVAN,
ZUARI NAGAR, GOA,
R/BY MAHESH NAIK
COMPLIANCE OFFICER-403726.
...PETITIONER
(BY SRI. M.J.PEERJADE, ADVOCATE)
AND:
RAGHUNATH M. PATIL,
FERTILIZER INSPECTOR CUM
AGRICULTURAL OFFICER,
RAITH SAMPARK KENDRA
KUDACHI, TQ.RAIBAG, DIST.BELAGAVI,
REP BY S.P.P, HIGH COURT OF
KARNATAKA, BENCH DHARWAD.
John
Doe ...RESPONDENT
Digitally signed by
John Doe
Location: High court of (BY SRI. V.S.KALASURMATH, HCGP)
Karnataka, Dharwad
Bench, Dharwad
THIS CRIMINAL PETITION IS FILED U/SEC. 482 OF
CR.P.C. SEEKING THAT THE COMPLAINT AND ALL FURTHER
PROCEEDINGS IN C.C.NO.879/2021 FILED AND PENDING
BEFORE THE COURT OF ADDL. CIVIL JUDGE AND J.M.F.C.
RAIBAG AGAINST THE PETITIONER/ACCUSED NO.3
COMPLIANCE OFFICER O THE OFFENCE PUNISHABLE
SECTION 7(a)(i)(ii) OF THE ESSENTIAL COMMODITIES ACT
1955, BE QUASHED.
THIS CRIMINAL PETITION COMING ON FOR ADMISSION,
THIS DAY, THE COURT MADE THE FOLLOWING:
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CRL.P No. 102107 of 2022
ORDER
The respondent has filed a private complaint under Section 200 of Cr.P.C alleging that the petitioner is the General Manager of Zuvari Agro Chemicals Limited and the company has manufacturers sub standard fertilizer. The learned Magistrate took cognizance of the offence punishable under Sections 3 and 7 of the Essential Commodities Act, 1955 and also Clause 19 of the Fertilizer (Control) Order, 1985. Taking exception to the same, this petition is filed.
2. Learned counsel for petitioner submits that petitioner is the employee of the Company which manufactures the fertilizer and in the absence of manufacturer/company being arraigned as an accused, the complaint is hit by Section 10(1) of the Essential Commodities Act, 1955.
3. Learned counsel appearing for respondent submits that petitioner is the manager of the company and the seized fertilizer manufactured by the company was substandard and was supplied to accused No.1, a retailer of the said company. Hence, the learned Magistrate has rightly taken the cognizance of the offences.
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4. I have considered the submissions made by the learned counsel for parties.
5. Perusal of the complaint discloses that the fertilizers seized by the respondent is alleged to be of substandard quality and manufactured by Zuvari Agro Chemicals Limited. The petitioner-accused is an employee of the said fertilizer company, however, the manufacturer/company is not arraigned as an accused in the complaint.
6. Provisions of the Essential Commodities Act, 1955 are applicable to contraventions made under the provisions of Fertilizer (Control) Order, 1985 as specified in Clause 2(a) of the Fertilizer (Control) Order, 1985. The manufacturer/ company having not been arraigned as an accused, the accused No.2 cannot be held vicariously guilty of the offences, along with the company as specified under Section 10 of Essential Commodities Act 1955. Hence, the complaint without arraigning the company as an accused is not maintainable. Accordingly, I proceed to pass the following: -4- CRL.P No. 102107 of 2022
ORDER
i) The criminal petition is allowed.
ii) The impugned proceeding in C.C.No.879/2021 pending on the file of the Additional Civil Judge and J.M.F.C. Court, Raibag, is hereby quashed insofar as it relates to accused No.3.
SD/-
JUDGE AC