Karnataka High Court
The Prathamik Krushi vs The State Of Karnataka on 31 March, 2022
Author: Hemant Chandangoudar
Bench: Hemant Chandangoudar
-1-
CRL.P No. 100986 of 2022
IN THE HIGH COURT OF KARNATAKA, DHARWAD
BENCH
DATED THIS THE 31ST DAY OF MARCH, 2022
BEFORE
THE HON'BLE MR JUSTICE HEMANT CHANDANGOUDAR
CRIMINAL PETITION NO. 100986 OF 2022
BETWEEN:
THE PRATHAMIK KRUSHI PATTIN
SAHAKARI SANGH NI, (PKPS),
UGARBUDRUK, TAL: ATHANI,
DIST BELAGAVI,
REPRESENTED BY ITS CHIEF EXECUTIVE
BAHUBALI RAMA CHINCHAWADE,
AGE 40 YEARS, OCC MANAGER,
R/O UGAR, TQ ATHANI, DIST BELAGAVI
...PETITIONER
(BY SRI. VITTHAL S TELI.,ADVOCATE)
AND:
THE STATE OF KARNATAKA
REPRESENTED BY THE
FERTILIZER INSPECTOR
CUM ASSISTANT DIRECTOR
OF AGRICULTURE
R/O THE ASSISTANT DIRECTOR
OF AGRICULTURE
Digitally signed
by V N
BADIGER
ATHANI, DIST BELAGAVI
VN
BADIGER
Location:
DHARWAD BY THE STATE PUBLIC PROSECUTOR
Date:
2022.04.16
17:18:02 +0530 HIGH COURT OF KARNATAKA
DHARWAD, BENCH DHARWAD
...RESPONDENT
(BY SRI. RAMESH CHIGARI, HCGP)
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CRL.P No. 100986 of 2022
THIS CRIMINAL PETITION IS FILED U/S 482 OF
CR.P.C., SEEKING TO QUASH THE ORDER DATED 20.09.2021
IN CC NO.1223/2021 (PC NO.32/2021) FOR OFFENCES U/S 3
AND 7 OF THE ESSENTIAL COMMODITIES ACT AND CLAUSE
19 FERTILIZERS (CONTROL) ORDER 1985 PENDING ON THE
FILE PRINCIPAL CIVIL JUDGE AND JMFC, KAGAWAD.
THIS CRIMINAL PETITION COMING ON FOR ADMISSION
THIS DAY, THE COURT MADE THE FOLLOWING:
ORDER
The learned High Court Government Pleader accepts notice for respondent No.1.
2. A private complaint is filed under Section 200 of the Code of Criminal Procedure, 1973, alleging that on 23.11.2015, the complainant inspected the fertilizer godown of the petitioner and drew sample of complex fertilizer manufactured by accused No.2 and sent it to the lab for analysis. The lab furnished a report stating that the fertilizer in question is of sub-standard one. The learned Magistrate took cognizance of the offences punishable under Sections 3 and 7 of the Essential Commodities Act and Clause 18 of the Fertilizer (Control) -3- CRL.P No. 100986 of 2022 Order, 1985. Taking exception to the same, this petition is filed.
3. The learned counsel appearing for the petitioner submits that the complainant having not arraigned the company as an accused, which is the manufacturer of the fertilizer, the petitioner-accused No.1 cannot be held vicariously guilty of the offence 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 the petitioner was found in possession of the fertilizer of sub-standard quality which is an offence punishable under the provisions of the Essential Commodities Act and the Fertilizer (Control) Order, 1985. Hence, the learned Magistrate has rightly taken cognizance of the aforesaid offences against the petitioner-accused No.1.
-4-CRL.P No. 100986 of 2022
5. I have considered the submissions made by the learned counsel for the parties.
6. It is undisputed that the fertilizer alleged to be of sub-standard quality was manufactured by Zuari Agro Chemicals Pvt. Ltd., Goa. However, the complainant without arraigning the company as an accused has filed the complaint. Section 10 of the Essential Commodities Act specified 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 and shall be liable to be proceeded against and punished accordingly. Hence, in the absence of the company having not been arraigned as an accused in the complaint, the petitioner cannot be held vicariously guilty of the contravention, who is a retail dealer of the fertilizer. Hence, the -5- CRL.P No. 100986 of 2022 complaint against the petitioner-accused No.1 is liable to be quashed. Hence, I pass the following:
ORDER The criminal petition is allowed. The impugned proceedings in C.C. No.1223/2021 pending on the file of the Principal Civil Judge and JMFC, Kagawad, insofar as it relates to the petitioner-accused No.1 is concerned is hereby quashed.
Sd/-
JUDGE KMS