Karnataka High Court
Shri. Ashok H. Budannavar vs State Of Karnataka on 18 April, 2022
Author: Hemant Chandangoudar
Bench: Hemant Chandangoudar
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CRL.P No. 100857 of 2022
IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH
DATED THIS THE 18TH DAY OF APRIL, 2022
BEFORE
THE HON'BLE MR JUSTICE HEMANT CHANDANGOUDAR
CRIMINAL PETITION NO. 100857 OF 2022
BETWEEN:
1. SHRI. ASHOK H. BUDANNAVAR
AGE. 46 YEARS, OCC. BUSINESS,
ASHOK AGRO CHEMICAL
AND FERTILIZERS SUREBAN (RETAILER)
TALUKA RAMDURG, DISTRICT BELAGAVI,
PIN CODE-591127
2. SHRI. ASHOK GUJAMAGADI
AGE. 52 YEARS, OCC. BUSINESS,
UMA MAHESHWARI AGRO CENTRE
(DISTRIBUTOR), T.M.C. ROAD,
NARAGUND, TALUKA NARAGUND,
DISTRICT GADAG. PIN CODE
...PETITIONERS
(BY SRI. R K KULKARNI, ADVOCATE)
AND:
STATE OF KARNATAKA
R/BY SHRI R. B. NAIKAR
AGRICULTURE OFFICER AND
FERTILIZER INSPECTOR
DEPARTMENT OF AGRICULTURE,
BELAGAVI, PIN CODE-590001
R/BY GOVERNMENT ADVOCATE
HIGH COURT OF KARNATAKA,
DHARWAD
...RESPONDENT
(BY SRI. RAMESH CHIGARI, HCGP)
THIS CRIMINAL PETITION IS FILED U/S 482 OF CR.P.C.
SEEKING TO THAT THE RECORDS MAY BE CALLED FOR FROM
THE COURT BELOW, AND TO QUASH THE PROCEEDINGS IN CC
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CRL.P No. 100857 of 2022
NO.358/2017 ON THE FILE OF THE SENIOR CIVIL JUDGE
RAMDURG ISSUING THE PROCESS/SUMMONS TO THE
PETITIONER VIDE ANNEXURE-B BY ALLOWING THIS PETITION
AND THEREBY QUASHING THE PROCEEDINGS AGAINST THE
PETITIONERS FOR THE OFFENCE PUNISHABLE U/S 3 AND 7,
CLAUSE 19 OF FERTILIZER (CONTROL) ORDER 1985 AND R/W
SECTION 3 AND 7, 7(1)(a)(2) OF THE ESSENTIAL
COMMODITIES ACT.
THIS CRIMINAL PETITION COMING FOR ADMISSION THIS
DAY, THE COURT MADE THE FOLLOWING:
ORDER
The learned High Court Government Pleaders accepts notice for the respondent-State.
2. A private complaint is filed under Section 200 of the Code of Criminal Procedure, 1973, alleging that the fertilizer sample drawn by the complainant from the shop of accused No.1 was sent for analysis and a report was furnished that the fertilizer manufactured by the IFFCO Company was not according to the specifications. The learned Magistrate registered the complaint against the petitioners and other accused for the offences punishable under Clause 19(3) & (7) of the Fertilizer (Control) Order, 1985, and under Sections 3, 7, and 7(1)(a)(ii) of the -3- CRL.P No. 100857 of 2022 Essential Commodities Act. Taking exception to the same, this petition is filed.
3. The learned counsel appearing for the petitioners submits that the complaint filed by the respondent is not maintainable since the company, which is alleged to have manufactured the fertilizer in question, having not been arraigned as an accused in the complaint, the petitioners-accused Nos.1 and 2 who are the retailer and distributor of the said fertilizer cannot be held vicariously guilty of the contravention of the provisions Fertilizer Control Order as specified under Section 10 of the Essential Commodities Act.
4. On the other hand, the learned High Court Government Pleader appearing for the respondent-State submits that accused No.1 was found in possession of sub- standard fertilizer which is an offence punishable under the provisions of the Fertilizer Control Order, 1985, and as -4- CRL.P No. 100857 of 2022 such, the learned Magistrate has rightly taken cognizance of the offences alleged against the petitioners.
5. I have considered the submissions made by the learned counsel for the parties.
6. Clause 2(a) of the Fertilizer Control Order defines the Act to mean the Essential Commodities Act, 1955. Section 10 of the Essential Commodities Act specifies that if the person contravening an order made under section 3 is a company, every person who, at the time the contravention was committed, was 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. In the present case, the manufacturer of the fertilizer, which is a company incorporated under the Indian Companies Act, has not been arraigned as an accused so as to hold the petitioners-accused No.1 and 2, who are the retailer and distributor of the said fertilizer respectively, as vicariously -5- CRL.P No. 100857 of 2022 guilty of the contravention of the provisions of the Fertilizer Control Order and the Essential Commodities Act. Hence, the company having not been arraigned as an accused, the complaint filed by the respondent against the petitioners-accused Nos.1 and 2 is not maintainable. Accordingly, I pass the following:
ORDER The criminal petition is allowed. The impugned proceedings in C.C. No.358/2017 pending on the file of the Senior Civil Judge, Ramdurg, insofar as it relates to accused Nos.1 and 2, is hereby quashed.
Sd/-
JUDGE KMS