Karnataka High Court
Shri Kishor A Rolli vs Karnataka State Government on 14 November, 2022
Author: Hemant Chandangoudar
Bench: Hemant Chandangoudar
-1-
CRL.P No. 103199 of 2022
IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH
DATED THIS THE 14TH DAY OF NOVEMBER, 2022
BEFORE
THE HON'BLE MR JUSTICE HEMANT CHANDANGOUDAR
CRIMINAL PETITION NO. 103199 OF 2022 (482-)
BETWEEN:
SHRI KISHOR A. ROLLI,
AGE. 28 YEARS, OCC. BUSINESS
PROP. ZUARI AGRO CHEMICALS LTD
C/O JAI KISAN JUNCTION, LOKAPUR 587122
TQ. MUDHOL, DIST. BAGALKOT
...PETITIONER
(BY SRI N.L.BATAKURKI, ADVOCATE)
AND:
KARNATAKA STATE GOVERNMENT
REPRESENTED BY THE FERTILIZER INSPECTOR CUM
AGRICULTURE OFFICER O/O ASSISTANT DIRECTOR
OF AGRICULTURE
LOKAPUR 587122,
TQ. MUDHOL, DIST. BAGALKOT,
REP. BY STATE PUBLIC PROSECUTOR,
HIGH COURT BLDG, DHARWAD.
Digitally signed
by SUJATA
SUBHASH
PAMMAR ...RESPONDENT
SUJATA Location: High
court of
SUBHASH
PAMMAR
Karnataka,
Dharwad Bench,
Dharwad
(BY SRI V.S.KALASURMATH, HCGP)
Date:
2022.11.24
10:50:49 -0800
THIS CRIMINAL PETITION IS FILED U/S 438 OF CR.P.C.,
SEEKING TO ADMIT THE PETITION AND QUASH THE ORDER OF
ISSUE OF PROCESS FOR THE OFFENCE PUNISHABLE UNDER
CLAUSE 19 OF FERTILIZER (CONTROL) ORDER, 1985, R/W
SECTION 3 AND 7 OF THE ESSENTIAL COMMODITIES ACT BY
-2-
CRL.P No. 103199 of 2022
THE PRINCIPAL CIVIL JUDGE AND JMFC, MUDHOL, BAGALKOT
DISTRICT, IN C.C.NO.903/2022 DATED 20.05.2022 AGAINST
THE PETITIONER HEREIN AT VIDE ANNEXURE-A AND
CONSEQUENTLY QUASH THE COMPLAINT AT VIDE ANNEXURE-
B AGAINST THE PETITIONER/ACCUSED NO.1 HEREIN.
THIS PETITION COMING ON FOR ADMISSION, THIS DAY,
THE COURT MADE THE FOLLOWING:
ORDER
The respondent filed a private complaint under Section 200 of Cr.P.C alleging that the petitioner was involved in selling sub-standard water soluble fertilizer supplied by accused No.2. The learned Magistrate took cognizance of the offence punishable under Sections 3 and 7 of the Essential Commodities Act 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 was only a retailer and in the absence of manufacturer being arraigned as an accused, the complaint is hit by Section 10(1) of the Essential Commodities Act, 1955.
3. On the other hand, learned HCGP appearing for the respondent-State submits that petitioner was found involved in -3- CRL.P No. 103199 of 2022 selling substandard water soluble fertilizer. Hence, the police after investigation have rightly registered the charge sheet against the petitioner and the same cannot be faulted with.
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 alleged to be substandard quality, is manufactured by Zuari Agro Chemical Ltd., Company and the accused is the retailer of the said fertilizer company, however, the manufacturer is not arraigned as an accused in the complaint.
6. Provisions of the Essential Commodities Act, 1955 are applicable to the contravention made under the Fertilizer (Control) Order, 1985 as specified in Clause 2 (a) of the Fertilizer (Control) Order, 1955. The Manufacturer having not been arraigned as an accused, the complaint is not maintainable, since the liability cannot be fastened on the accused No.1, who is the retailer of the Fertilizer company alleged to be substandard quality manufactured by the -4- CRL.P No. 103199 of 2022 Company as specified under Section 10(1) of Essential Commodities Act. Accordingly, I proceed to pass the following:
ORDER
1. The criminal petition is disposed off.
2. The impugned proceeding in CC.No.903/2022 pending on the file of the Prl. Civil Judge and JMFC Court, Mudhol is hereby quashed insofar as it relates to accused No.1.
Sd/-
JUDGE CKK List No.: 1 Sl No.: 235