Karnataka High Court
Sri. H. S. Prabhakar Rao vs The State Of Karnataka on 2 July, 2024
Author: Hemant Chandangoudar
Bench: Hemant Chandangoudar
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NC: 2024:KHC:24874
CRL.P No. 3111 of 2024
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 2ND DAY OF JULY, 2024
BEFORE
THE HON'BLE MR JUSTICE HEMANT CHANDANGOUDAR
CRIMINAL PETITION NO. 3111 OF 2024
BETWEEN:
SRI. H.S. PRABHAKAR RAO,
S/O LATE SUBBA RAO,
AGED ABOUT 78 YEARS,
R/AT NO.264, 10TH WARD,
2ND CROSS, GOWRIPET,
KOLAR - 563 101.
...PETITIONER
(BY SRI. NANJUNDA GOWDA M.R, ADVOCATE)
AND:
1. THE STATE OF KARNATAKA,
AGRICULTURE DEPARTMENT,
REPRESENTED BY
STATE PUBLIC PROSECUTOR,
Digitally signed by B
K
HIGH COURT BUILDINGS,
MAHENDRAKUMAR
Location: HIGH
BENGALURU - 560 001.
COURT OF
KARNATAKA
2. C.S. KANTHKUMAR,
REPRESENTED BY I/C:
AGRICULTURE OFFICER AND FERTILIZER,
INSPECTOR RAITHA SAMPARK KENDRA,
KASABA AND TALUK, KOLAR - 563 101.
...RESPONDENTS
(BY SRI. RAJAT SUBRAMANYAM, HCGP)
THIS CRL.P IS FILED U/S 482 OF CR.PC PRAYING TO QUASH
THE ENTIRE PROCEEDINGS AGAINST THE PETITIONERS IN
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NC: 2024:KHC:24874
CRL.P No. 3111 of 2024
C.C.NO.626/2021 FOR THE OFFENCE P/U/S 19(A) AND 35 OF
FERTILIZERS CONTROL ORDER AND SEC. 7(1)(A) OF ESSENTIAL
COMMODITIES ACT, 1955, NOW WHICH IS PENDING ON THE FILE
OF THE I ADDL. CIVIL JUDGE AND JMFC, KOLAR.
THIS PETITION, COMING ON FOR ORDERS, THIS DAY, THE
COURT MADE THE FOLLOWING:
ORDER
The respondent filed a private complaint under Section 200 of the Cr.P.C stating that on conducting inspection on 01.07.2014, collected the sample of the fertilizer and sent the same to the test analyst. The test analyst submitted a report stating that the sample of the subject fertilizer is of substandard quality. The learned Magistrate after perusing the complaint took cognizance of the offence punishable under Section 7(1)(A) of the Essential Commodities Act, 1955 for contravention of clause 19(A) and clause 35 of the Fertilizer Control Order, 1985.
2. Heard learned counsel for the petitioner and the learned HCGP for the respondent - State.
3. Admittedly, the subject fertilizer is manufactured by Zuari Agro Chemicals Limited, a Company incorporated under the Indian Companies Act of which the petitioner is the Dealer. Section 2(a) of the Fertilizer Control Order, 1985 states that the "Act" means the Essential Commodities Act, 1955.
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4. Section 10 of the Essential Commodities Act deals with offences by Companies and it states that if any person contravening an order made under Section 3 is a Company, every person who, at the time the contravention was committed, was the in charge of, and was responsible to, the Company for the conduct of the business of the Company as well as the Company, shall be deemed to be guilty of the contravention.
5. Therefore, the Company having not been arraigned as an accused, the petitioner who is the dealer of the company which has manufactured the subject fertilizer cannot be held vicariously guilty, and the continuation of the criminal proceedings would be an abuse of the process of law. Accordingly, the following:
ORDER a. The criminal petition is allowed.
b. The impugned proceeding in C.C.No.626/2021 on the file of I Additional Civil Judge and JMFC, Kolar insofar as it appears to accused No.1 stands quashed.
Sd/-
JUDGE DHA List No.: 1 Sl No.: 3 CT: BHK