Karnataka High Court
Bagi Krushi Seva Kendra Halyal ... vs The State Of Karnataka on 17 July, 2025
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NC: 2025:KHC-D:8889
CRL.P No. 102023 of 2025
HC-KAR
IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH
DATED THIS THE 17TH DAY OF JULY, 2025
BEFORE
THE HON'BLE MR. JUSTICE VENKATESH NAIK T
CRIMINAL PETITION NO. 102023 OF 2025
(482 OF Cr.PC/528 OF BNSS)
BETWEEN:
1. BAGI KRUSHI SEVA KENDRA HALYAL,
FERTILIZERS SEEDS AND PESTICIDES DEALERS,
BY ITS PROPRIETARY ANNAPPA LAXMAN BAGI,
AGE: 45 YEARS, OCC: BUSINESS,
R/O. DARUR ROAD, HALYAL, DIST. BELAGAVI.
2. CW MANDANA,
AGE: 65 YEARS, OCC: SENIOR MARKETING MANAGER,
T STANES AND COMPANY LTD., TIMBERYARD ROAD,
NEAR MYSORE, SATELLITE BUS STAND AREA OFFICE,
BENGALURU.
...PETITIONERS
(BY SHRI VITTHAL S. TELI, ADVOCATE)
AND:
1. THE STATE OF KARNATAKA,
BY REPRESENTED BY STATE PUBLIC PROSECUTOR,
Digitally signed HIGH COURT OF KARNATAKA, DHARWAD BENCH-580001.
by RAKESH S
HARIHAR 2. SMT. JAYASHREE C. HIREMATH,
Location: High FERTILIZER INSPECTOR CUM ASST. DIRECTOR OF
Court of
Karnataka, AGRICULTURE ADA ATHANI, DIST. BELAGAVI.
Dharwad Bench ...RESPONDENTS
(BY SMT. KIRTILATA R. PATIL, HCGP)
THIS PETITION IS FILED UNDER SECTION 482 OF CR.P.C.
(UNDER SECTION 528 OF BNSS), PRAYING TO QUASH THE
PROCEEDINGS IN C.C. 4488/2021 PENDING ON THE FILE OF COURT OF
PRINCIPAL CIVIL JUDGE AND JMFC, ATHANI FOR OFFENCES
PUNISHABLE UNDER CLAUSE 19 OF FERTILIZER (CONTROL) ORDER
1985 R/W. SECTION 3 AND 7 OF THE ESSENTIAL COMMODITIES ACT,
IN SO FAR PETITIONERS/ACCUSED NO.1 AND 3, IN THE INTEREST OF
JUSTICE.
THIS PETITION, COMING ON FOR ADMISSION, THIS DAY, ORDER
WAS MADE THEREIN AS UNDER:
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NC: 2025:KHC-D:8889
CRL.P No. 102023 of 2025
HC-KAR
ORAL ORDER
(PER: THE HON'BLE MR. JUSTICE VENKATESH NAIK T) Heard Sri. Vittal S. Teli, learned counsel for the petitioners and Smt. Kirtilata Patil, learned HCGP for the respondent No.1 - State.
2. Learned counsel for the petitioners has filed a memo showing the name of responsible officer of accused No.2
- Company as Responsible Officer. The memo is taken on record.
3. The petitioners - accused Nos.1 and 3 have filed this petition under Section 528 of Bharatiya Nagarik Suraksha Sanhita, 2023 (Section 482 of Cr.P.C.) praying to quash the entire proceedings in C.C. No.4482/2029 on the file of learned Principal Civil Judge and JMFC, Athani, Belagavi District for the offences punishable under Rule 19 of Fertilizers Control Order, 1985.
4. The factual matrix of the case are that on 13.08.2021, the Fertilizer Inspector cum Assistant Director of Agriculture filed a private complaint under Section 200 of Cr.P.C. alleging that the first accused is the owner of the firm -3- NC: 2025:KHC-D:8889 CRL.P No. 102023 of 2025 HC-KAR and he is in-charge and responsible for the conduct of business of the firm. The said firm is doing business as a retailer in Fertilizers and is holding the retailer's license for selling fertilizers. Accused No.3 is the Senior Marketing Manager T Stanes and Company Limited, Coimbatore. Officer and company itself is responsible for manufacturing non-standard fertilizers and the same supplied to the retailer on 10.11.2020. During the inspection by the complainant, the first accused was present and the complainant drew the sample of fertilizers from the stock of fertilizers. The sample was divided into three portions, packed separately and had sent for examination. Later as per the laboratory report given by the Deputy Director of Agriculture, the fertilizer was of sub standard quality. Hence, show cause notice was issued to the accused persons and they have replied to the same, but the complainant without accepting the reply given to the show cause notice, has filed the complaint.
5. As per the complaint, accused Nos.1 to 3 committed offences by selling sub standard fertilizers which is in violation of the aforesaid rules. The Trial Court after receipt of complaint, took cognizance of the offences alleged against the accused -4- NC: 2025:KHC-D:8889 CRL.P No. 102023 of 2025 HC-KAR Nos.1 to 3. Taking exception to the same, the accused No.1 - dealer of the fertilizer of the company and accused No.3 - Senior Marketing Manager have filed this petition.
6. Learned counsel for the petitioners has contended that the petitioners are innocent and they have not committed any offences as alleged against them. They are the dealer and Marketing Manager of the Fertilizer Company and they are no way connected with the production of fertilizers nor does have any domain or control over the quality of fertilizers. The samples were collected from sealed bags and hence, absolutely there are no specific allegations against the petitioner regarding his culpability of any adulteration or substandard fertilizers contained in the stitched bags. Hence, the learned counsel prayed to allow the petition.
7. Per contra, the learned High Court Government Pleader contended that there are prima facie materials to show that the petitioner has committed the alleged offences. Hence, she prayed to reject the petition.
8. Perused the materials available on record. On 10.11.2020, the complainant visited the shop of accused No.1, -5- NC: 2025:KHC-D:8889 CRL.P No. 102023 of 2025 HC-KAR took samples of fertilizers and sent the same to the Laboratory and he came to know that the seized sample was not upto the specifications and it was substandard. Hence, the complainant lodged the complaint against accused Nos.1 to 3.
9. On perusal of the entire complaint, there is no specific allegation laid against the petitioners - accused Nos.1 and 3 as to how they are responsible for the adulteration of the fertilizers or how they are responsible for the substandard fertilizers contained in the stitched bags. In the case of Sanjay Gowda v. State of Karnataka in Criminal Petition No.7408 of 2015 dated 04.08.2016, a Co-ordinate bench of this Court held that, 'as per the Government order issued by the Department of Agriculture, which requires the appointment of an officer for compliance of Fertilizer (Control) Order in every company manufacturing fertilizers and when such an officer is named, it is only against such officer that any violation in law under such provisions could be carried forward and not against any other officer of the company or its Managing Director.'
10. Learned counsel for the petitioners submits that the Company has passed resolution, fixing responsibility on -6- NC: 2025:KHC-D:8889 CRL.P No. 102023 of 2025 HC-KAR Compliance Officer of the Company viz., Sri. Basavaraj Godapppagol, worked in the organization as Compliance Officer and he was the Factory in-charge of Belgaum Mixing Unit and also responsible for production of fertilizer mixtures till 31.03.2021. After his retirement, Sri. Rajendra Shankar Bhadakar has been appointed as Compliance Officer from 01.04.2021 and he held responsible for the production of fertilizer mixtures at Belgaum Mixing Unit.
11. In view of the facts and circumstances of the case and decision cited supra, the petitioner, who is a Dealer and Senior Marketing Officer are not responsible for the quality of fertilizers seized and thus, the proceedings now initiated against these petitioners is nothing but abuse of process of law.
12. For the foregoing reasons, the petition deserves to be allowed. Accordingly, I proceed to pass the following:
ORDER Criminal petition is allowed. The proceedings in C.C. No.4488/2021 pending on the file of learned Principal Civil Judge and JMFC, Athani insofar as petitioner - accused Nos.1 and 3 is hereby quashed. -7-
NC: 2025:KHC-D:8889 CRL.P No. 102023 of 2025 HC-KAR In view of disposal of the petition, pending I.As., if any, stands disposed of.
Sd/-
(VENKATESH NAIK T) JUDGE Rsh /ct-an List no.: 2 sl no.: 28