Karnataka High Court
Shailesh vs The State Of Karnataka on 2 December, 2025
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NC: 2025:KHC-K:7399
CRL.P No. 201850 of 2025
HC-KAR
IN THE HIGH COURT OF KARNATAKA
KALABURAGI BENCH
DATED THIS THE 2ND DAY OF DECEMBER, 2025
BEFORE
THE HON'BLE MR. JUSTICE SACHIN SHANKAR MAGADUM
CRIMINAL PETITION NO.201850 OF 2025
(482(Cr.PC)/528(BNSS))
BETWEEN:
SHAILESH S/O SHANTARAM NARVEKAR,
AGE: 58 YEARS, OCC: COMPLIANCE OFFICER,
ZUARI AGRO CHEMICALS LTD.,
JAIKISHAN BHAVAN ZUARI NAGAR,
GOA-403726, R/O H.NO.435,
MALA WADA, CUMGARJUA, MERCELA,
NORTH GOA, TISWADI, GOA-403107.
...PETITIONER
(BY SRI. MANJUNATH SHIVANNA, ADVOCATE)
AND:
THE STATE OF KARNATAKA
DEPARTMENT OF AGRICULTURE,
THROUGH FERTILIZER INSPECTOR
Digitally signed
by RENUKA AND AGRICULTURE OFFICER,
Location: HIGH RAITA SAMPARKA KENDRA, ALAMEL
COURT OF REPRESENTED BY ADDL. S.P.P.
KARNATAKA HIGH COURT OF KARNATAKA,
KALABURAGI BENCH-585107.
...RESPONDENT
(BY SRI. JAMADAR SHAHABUDDIN., HCGP)
THIS CRIMINAL PETITION IS FILED UNDER SECTION 528 OF
BNSS (NEW), UNDER SECTION 482 OF CR.P.C.(OLD), PRAYING TO
EXERCISE INHERENT POWERS UNDER SECTION 528 OF BNSS,
EXAMINE THE RECORDS AND QUASH THE PROCEEDINGS IN
C.C.NO.4153/2023, FOR THE OFFENCES PUNISHABLE UNDER
SECTIONS 7 AND 1(A)(II) OF ESSENTIAL COMMODITIES ACT, 1955,
PENDING BEFORE THE ADDL. SENIOR CIVIL JUDGE AND JMFC
COURT AT SINDAGI, AGAINST THE PETITIONER/ACCUSED NO.2.
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NC: 2025:KHC-K:7399
CRL.P No. 201850 of 2025
HC-KAR
THIS PETITION COMING ON FOR FURTHER HEARING, THIS
DAY, ORDER WAS MADE THEREIN AS UNDER:
CORAM: HON'BLE MR. JUSTICE SACHIN SHANKAR MAGADUM
ORAL ORDER
(PER: HON'BLE MR. JUSTICE SACHIN SHANKAR MAGADUM) The captioned petition is filed by the Compliance Officer of Zuari Agro Chemicals Limited, under Section 528 of Bharatiya Nagarik Suraksha Sanhita, 2023, seeking quashing of the proceedings pending in C.C.No.4153/2023 pending on the file of Additional Senior Civil Judge and JMFC Court at Sindagi, for the offences punishable under Sections 7 and 1(a)(ii) of the Essential Commodities Act, 1955.
2. Facts leading to the case are as follows:
The respondent-complainant lodged a private complaint alleging that on 07.07.2017, the complainant visited to the premises of accused No.1 and collected sample of fertilizer during inspection. The respondent seized 402 bags of 50 Kgs., by way of confiscation and -3- NC: 2025:KHC-K:7399 CRL.P No. 201850 of 2025 HC-KAR mahazar was conducted at the spot and seized fertilizer was subjected to quality analysis, while one of the samples collected was handed over to accused No.1, second sample was delivered to fertilizer analyst and third sample was kept with the authority. Based on laboratory report, it was found that the fertilizer stocked by accused No.1 was of substandard quality and therefore, complaint is filed invoking Sections 7 and 1(a)(ii) of Essential Commodities Act, 1955.
3. The petitioner working in the capacity of Compliance Officer of Zuari Agro Chemicals Limited seeks quashing of the proceedings solely on the ground that the company itself has not been arrayed as an accused, thereby rendering the proceedings unsustainable in view of the mandate of Section 10 of the Essential Commodities Act, 1955.
4. Learned counsel for the petitioner, reiterating the grounds urged in the petition, has placed reliance on -4- NC: 2025:KHC-K:7399 CRL.P No. 201850 of 2025 HC-KAR the order passed by a Co-ordinate Bench in Criminal Petition No.200254/2023, wherein an identical issue has been considered.
5. Upon hearing the learned counsel and on perusal of the records, this Court finds that Section 10 of the Essential Commodities Act, 1955 categorically provides that when an offence is alleged to have been committed by a company, prosecution must necessarily be initiated against the company itself. Only thereafter can persons who were in charge of, and responsible for, the conduct of the business of the company be arrayed as accused. In the absence of the company being made as an accused, the very initiation of proceedings against its employees is legally untenable. The order of the learned Magistrate taking cognizance, therefore, stands vitiated for non- compliance with this statutory mandate.
6. Since the complaint has been entertained and cognizance taken without impleading the company, the -5- NC: 2025:KHC-K:7399 CRL.P No. 201850 of 2025 HC-KAR defect goes to the root of the matter and is incurable. Section 10 of the Essential Commodities Act, 1955 mandates that in cases where the offence is attributable to the company, the company must be arraigned as a primary accused. In the present case, however, only petitioner who is working as Compliance Officer of Zuari Agro Chemicals Limited has been subjected to prosecution for the offences under Sections 7 and 1(a)(ii) of the Essential Commodities Act, 1955.
7. In light of the Co-ordinate Bench decision, which squarely covers the issue involved, the continuation of proceedings against the petitioner without the company being arrayed as an accused would be a futile exercise. The likelihood of conviction being virtually non-existent, further proceedings would amount to an abuse of the process of law. To secure the ends of justice, this Court is therefore justified in invoking its inherent jurisdiction under Section 528 of the Bharatiya Nagarik Suraksha Sanhita, 2023.
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NC: 2025:KHC-K:7399 CRL.P No. 201850 of 2025 HC-KAR ORDER
(i) The Criminal Petition is allowed.
(ii) The entire proceedings in
C.C.No.4153/2023 pending before the
Court of the Additional Senior Civil Judge and JMFC Court at Sindagi, for the offences punishable under Sections 7 and 1(a)(ii) of the Essential Commodities Act, 1955, are hereby quashed.
(iii) Liberty is, however, reserved to the competent authority to initiate fresh proceedings strictly in accordance with law.
Sd/-
(SACHIN SHANKAR MAGADUM) JUDGE NB/RSP List No.: 2 Sl No.: 22 CT:SI