Karnataka High Court
Basavaraj Vanikyal vs The State Of Karnataka on 30 October, 2024
Author: Mohammad Nawaz
Bench: Mohammad Nawaz
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NC: 2024:KHC-K:7999
CRL.P No. 201254 of 2024
IN THE HIGH COURT OF KARNATAKA
KALABURAGI BENCH
DATED THIS THE 30TH DAY OF OCTOBER, 2024
BEFORE
THE HON'BLE MR. JUSTICE MOHAMMAD NAWAZ
CRIMINAL PETITION NO.201254 OF 2024
[482(Cr.PC)/528(BNSS)]
BETWEEN:
BASAVARAJ VANIKYAL S/O SIDDAPPA,
AGE: 45 YEARS, OCC: SALES OFFICER,
COROMANDAL INTERNATIONAL LTD.,
COROMANDAL HOUSE SECUNDERABAD,
TELANGANA-500003.
...PETITIONER
(BY SRI AVINASH A. UPLOANKAR, ADVOCATE)
AND:
THE STATE OF KARNATAKA
Digitally signed DEPARTMENT OF AGRICULTURE,
by KHAJAAMEEN
L MALAGHAN INSPECTOR FERTILIZER CUM ASSISTANT DIRECTOR
Location: HIGH AGRICULTURE AFZALPUR,
COURT OF
KARNATAKA NOW REP. BY ADDL. S.P.P.
HIGH COURT OF KARNATAKA
KALABURAGI BENCH-585107.
...RESPONDENT
(BY SMT. ANITA M. REDDY, HCGP)
THIS CRIMINAL PETITION IS FILED UNDER SECTION 482
OF CR.P.C. (OLD), UNDER SECTION 528 OF BNSS (NEW),
PRAYING TO EXERCISE INHERENT POWERS UNDER SECTION
482 CR.P.C., EXAMINE THE RECORDS AND QUASH THE
PROCEEDINGS IN C.C.NO.3152/2021 (PRIVATE COMPLAINT
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NC: 2024:KHC-K:7999
CRL.P No. 201254 of 2024
NO.12/2021) FOR THE OFFENCE UNDER SECTION 7(i) (a) (ii)
OF ESSENTIAL COMMODITIES ACT 1955, PENDING BEFORE
THE CIVIL JUDGE JR.DN. AND JMFC COURT AT AFZALPUR,
AGAINST THE PETITIONER/ ACCUSED NO.2, IN THE INTEREST
OF JUSTICE AND EQUITY.
THIS PETITION, COMING ON FOR ADMISSION THIS DAY,
ORDER WAS MADE THEREIN AS UNDER:
CORAM: HON'BLE MR. JUSTICE MOHAMMAD NAWAZ
ORAL ORDER
The proceeding pending in C.C.No.3152/2021 on the file of the Court of Civil Judge Jr.Dn. and JMFC at Afzalpur is sought to be challenged in this petition preferred under Section 528 of BNSS, 2023.
2. A private complaint under Section 200 Cr.P.C. was filed by the Assistant Director of Agriculture Cum Inspector of Fertilizer, Afzalpur, Kalaburagi district against Sri Shankar Sobani, M/s Veerbhadreshwar Krushi Bhandar, Afzalpur and Sri Basavaraj Vanikyal, Coromandal International Ltd., Saradar Patel Road, Secundrabad, Telangana State, alleging offence punishable under Section 7 (1) (a) (ii) of the Essential Commodities Act, 1955 for violation of clause 19 (a) of the Fertilizer Control -3- NC: 2024:KHC-K:7999 CRL.P No. 201254 of 2024 Order, 1985 and Section 3 (2) (a) & (d) of the Essential Commodities Act, 1955.
3. It is alleged that on 13.10.2015, complainant visited the shop of accused No.1, who was selling 18:46 grade fertilizer of the Coromandel International Ltd. Company (DAP) and found that the date of expiry and batch number were not printed on the bags and further the sample of the said fertilizer sent for examination to Deputy Director of Agriculture, Fertilizer Control Lab, Belagavi was found to be "non-standard".
4. The learned counsel for the petitioner, relying on a decision of this Court, rendered in Criminal Petition No.201037/2021 disposed of on 02.09.2021, contended that the complaint was filed without making the company as an accused and therefore, the same is not maintainable.
5. Learned High Court Government Pleader has contended that petitioner/accused No.2 is the Sales Officer -4- NC: 2024:KHC-K:7999 CRL.P No. 201254 of 2024 of Coromandel International Ltd. who supplied the fertilizer to accused No.1 and therefore, there is compliance.
6. In the aforementioned decision, this Court has considered a similar contention and allowed the said petition. Paras-7, 8 and 9 are extracted hereunder:
"7. Para 7 of the order passed in R.V. Kusumbekar vs. The Government of Karnataka (Supra) is extracted hereunder:
"7. The learned counsel for petitioner has relied upon the order passed by this court in Crl.P 979/2004 dated 04.03.2008. In the aforestated order, this court has held:
"In the case on hand, it is not stated, petitioner herein was incharge and was responsible to M/s Zauri Industries Limited. Above all, Company is not arrayed as an accused.
The Supreme Court in the case of State of Madras Vs. C.V.Parekh and Another, reported in AIR 1970(3) SCC 491 has held:
"The conviction of respondents is untenable in law as the person contravening the order must be the company itself as laid in Section 10 of the Act. The company was not charged at all and the liability of those in charge of the company cannot arise unless the company was charge-sheeted. The actual contravening was by Kamdar and -5- NC: 2024:KHC-K:7999 CRL.P No. 201254 of 2024 Vallabhadas Thacker and that would not fasten the responsibility on the respondents. The acquittal by the High Court is right".
8. In Sri Sadashiva vs. Government of Karnataka (Supra), in a similar circumstance, this Court has observed that 'there is no specific allegation made against the petitioner as to how he is responsible for the adulteration of the fertilizers or how he is responsible for the sub-standard fertilizers contained in the stitched bags'.
9. In Mr. Sanjay Gowda vs. State of Karnataka (Supra), it is observed that 'the appointment of an officer for compliance of Fertilizers (Control) Order in every company of manufacturing fertilizers is legal requirement. When such officer is nominated, it is only such person is liable for prosecution before the court of law and not its Managing Director'.
7. In the case on hand, company by itself has not been made a party and the liability of those incharge of the company cannot arise unless the company was charge sheeted as held in the case of State of Madras vs. C.V. Parekh and Another1 referred in Criminal Petition 1 AIR 1970 (3) SCC 491 -6- NC: 2024:KHC-K:7999 CRL.P No. 201254 of 2024 No.200785/2014 disposed of on 12.09.2014 in the case of R.V. Kusumbekar vs. The Government of Karnataka.
8. It is not stated in the complaint as to in what way the petitioner is responsible for the offence. There is no specific allegation made as to how he is responsible for the quality of the fertilizer or for not printing the date of expiry and batch number on the fertilizer bags. Company by itself is not made a party. In light of the decisions noted supra, proceeding initiated against the petitioner is liable to be quashed. Accordingly, the following:
ORDER
(i) The petition is allowed.
(ii) The proceeding pending in C.C.No.3152/ 2021 on the file of the Civil Judge Jr.Dn.
and JMFC, Afzalpur, insofar as petitioner is concerned, is hereby quashed.
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(MOHAMMAD NAWAZ) JUDGE SWK List No.: 1 Sl No.: 24 CT:SI