Karnataka High Court
B M Patel vs The Government Of Karnataka on 12 December, 2025
Author: Mohammad Nawaz
Bench: Mohammad Nawaz
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NC: 2025:KHC:52989
CRL.P No. 13870 of 2025
HC-KAR
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 12TH DAY OF DECEMBER, 2025
BEFORE
THE HON'BLE MR. JUSTICE MOHAMMAD NAWAZ
CRIMINAL PETITION NO. 13870 OF 2025
BETWEEN:
1. B. M. PATEL,
S/O PATEL MANAGALBHAI,
AGED ABOUT 60 YEARS,
OCC: CH MANAGER (DAP)
AND COMPLIANCE OFFICER,
IFFCO KANDLA UNIT,
CC SR GM IFFCO, KANDLA-370210.
STATE MARKETING MANAGER IFFCO BANGALORE,
CH MANAGER (LAB) IFFCO KANDLA.
2. C. GOVINDRAJ,
S/O CHANDAPPA,
AGED ABOUT 52 YEARS,
OCC: CHIEF EXECUTIVE OFFICER,
PRIMARY KRISHI PATTIN SAHAKAR SANGH,
FERTILIZER SELLER, GOPPENHALLI ,
Digitally
signed by
CHANANGIRI TALUK,
LAKSHMI T DAVANAGERE DISTRICT-581 329.
Location:
High Court ...PETITIONERS
of Karnataka
(BY SRI. AVINASH A. UPLAONKAR, ADVOCATE)
AND:
THE GOVERNMENT OF KARNATAKA
DEPARTMENT OF AGRICULTURE,
THROUGH AGRICULTURE OFFICER AND
FERTILIZER INSPECTOR,
RAITA SAMPARKA KENDRA, PANDOMATTI,
NOW REPRESENTED BY ADDL SPP.
HIGH COURT OF KARNATAKA,
BANGALORE-560 001.
...RESPONDENT
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NC: 2025:KHC:52989
CRL.P No. 13870 of 2025
HC-KAR
(BY SRI. RAHUL RAI K.,HCGP)
THIS CRL.P FILED U/S. 482 CR.PC (FILED U/S 528 BNSS)
PRAYING TO QUASH THE TAKING COGNIZANCE IN
C.C.NO.1558/2024 DATED 28.06.2024, FOR THE OFFENCE
P/U/S 3 AND 7 OF ESSENTIAL COMMODITIES ACT 1955,
PENDING BEFORE THE PRL.CIVIL JUDGE AND J.M.F.C COURT
AT CHANNAGIRI DISTRICT DAVANAGERE AGAINST THE
PETITIONERS / ACCUSED NO.1 TO 2.
THIS PETITION, COMING ON FOR ADMISSION, THIS DAY,
ORDER WAS MADE THEREIN AS UNDER:
CORAM: HON'BLE MR. JUSTICE MOHAMMAD NAWAZ
ORAL ORDER
This petition is preferred seeking to quash the proceedings pending against the petitioners in C.C.No.1558/2024 on the file of the Court of Principal Civil Judge and JMFC at Channagiri, District Davangere.
2. The main ground on which the petition is filed seeking quashing is that the offence having been registered for violation of Sections 3 and 7 of the Essential Commodities Act, 1955 in relation to the fertilizer sample collected allegedly being substandard, the proceedings cannot be continued without making the company as a party. -3-
NC: 2025:KHC:52989 CRL.P No. 13870 of 2025 HC-KAR
3. In support of the contention, the learned counsel for the petitioners have relied on the decisions of this Court rendered in Crl.P.No.8291/2023 and connected cases disposed on 10.10.2023.
4. The complaint is filed by the Agriculture Officer and Fertilizer Inspector against the petitioners namely the Manager and Compliance Officer of one IFFCO Kandla Unit and the Chief Executive Officer, Fertilizer seller, Primary Krishi Pattin Sahakar Sangh.
5. It is the case of the complainant that he visited the shop of petitioner No.2, a license holder in dealing fertilizer on 03.09.2020 and out of the available stock of fertilizer, collected 10:26:26 complex fertilizer and the sample was sent for analysis on 04.09.2020. As per the Analysis Report dated 15.09.2020 the fertilizer in question was substandard. Complaint is filed alleging violation of Section 3 of the Essential Commodities Act punishable under Section 7 of the said Act.
6. In the decision noted supra, this Court at Paragraph Nos.7 and 8 has held as under:
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NC: 2025:KHC:52989 CRL.P No. 13870 of 2025 HC-KAR
7. Section 10 of the Essential Commodities Act, 1955 deals with the offences punishable of the company, and it specifies that if a person contravening an order 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 other words, the officer in-charge of the company can only be held vicariously guilty along with the company.
8. Petitioners before this Court are the dealers and the officers of the company, and the subject fertilizer which is declared as substandard quality is manufactured by the company. Hence, the company having not been arraigned as an accused, the Officers of the company or the dealers cannot be held vicariously guilty along with the company as specified under Section 10 of the Essential Commodities Act, 1955. Therefore, the continuation of the criminal proceedings will be an abuse of process of law.
7. Even in the present case, the company has not been arraigned as an accused in the complaint. The subject fertilizer which is declared as substandard quality is manufactured by the company. Hence, the company having not been arraigned as an accused, the officers of the company or the dealers cannot be held vicariously guilty. Hence, the petition succeeds. Accordingly, the following: -5-
NC: 2025:KHC:52989 CRL.P No. 13870 of 2025 HC-KAR ORDER
(i) The petition is allowed.
(ii) The entire proceedings in C.C.No.1558/2024 pending on the file of the Court of Principal Civil Judge and JMFC at Channagiri, District Davangere are quashed.
Sd/-
(MOHAMMAD NAWAZ) JUDGE NS CT:TSM List No.: 1 Sl No.: 33