Karnataka High Court
Guruprasad vs The State Of Karnataka on 30 October, 2024
Author: Mohammad Nawaz
Bench: Mohammad Nawaz
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NC: 2024:KHC-K:7998
CRL.P No. 201259 of 2024
IN THE HIGH COURT OF KARNATAKA
KALABURAGI BENCH
DATED THIS THE 30TH DAY OF OCTOBER, 2024
BEFORE
THE HON'BLE MR JUSTICE MOHAMMAD NAWAZ
CRIMINAL PETITION NO.201259 OF 2024
[482(Cr.PC)/528(BNSS)]
BETWEEN:
GURUPRASAD S/O MALLIKARJUN PATIL,
AGE: 43 YEARS, OCC: PROPRIETOR OF
M/S MUNEESHWAR FERTILIZERS AND PESTICIDES,
OPPOSITE AGRICULTURE OFFICER SEDAM - 585222
R/O VIDYA NAGAR, SEDAM
TQ. SEDAM, DIST.KALABURAGI-585222
...PETITIONER
(BY SRI AVINASH A. UPLOANKAR, ADVOCATE)
AND:
Digitally signed THE STATE OF KARNATAKA
by KHAJAAMEEN
L MALAGHAN DEPARTMENT OF AGRICULTURE,
Location: HIGH ASSISTANT DIRECTOR OF AGRICULTURE CUM
COURT OF
KARNATAKA INSPECTOR OF FERTILIZER, ASSISTANT DIRECTOR
OF AGRICULTURE OFFICE, SEDAM
DIST.KALABURAGI, REP. BY ADDL. S.P.P.
HIGH COURT OF KARNATAKA,
KALABURAGI BENCH - 585107.
...RESPONDENT
(BY SMT. ANITA M. REDDY, HCGP)
THIS CRIMINAL PETITION IS FILED UNDER SECTION 482
OF CR.P.C.(OLD) UNDER SECTION 528 OF BNSS, PRAYING TO
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NC: 2024:KHC-K:7998
CRL.P No. 201259 of 2024
EXERCISE INHERENT POWER UNDER SECTION 482 CR.P.C
EXAMINE THE RECORDS AND QUASH THE PROCEEDINGS IN
C.C NO. 2179/2021, FOR THE OFFENCE UNDER SECTION 19(A)
3(2) OF ESSENTIAL COMMODITIES ACT 1955, PENDING
BEFORE THE CIVIL JUDGE AND JMFC COURT AT SEDAM,
AGAINST THE PETITIONERS, IN THE INTEREST OF JUSTICE
AND EQUITY.
THIS PETITION, COMING ON FOR ORDERS THIS DAY,
ORDER WAS MADE THEREIN AS UNDER:
CORAM: HON'BLE MR JUSTICE MOHAMMAD NAWAZ
ORAL ORDER
The proceeding pending in C.C.No.2179/2021 on the file of the Court of Civil Judge and JMFC at Sedam is sought to be challenged in this petition preferred under Section 528 of BNSS, 2023.
2. A private complaint under Section 200 Cr.P.C. was filed by the Assistant Director of Agriculture Cum Inspector of Fertilizer, Sedam, Kalaburagi district against the Territory Manager, Coromandel International Ltd., S.P. Road, Secundrabad (Telangana State) and Sri Guruprasad S/o Mallikarjun Patil - the petitioner herein, Proprietor of -3- NC: 2024:KHC-K:7998 CRL.P No. 201259 of 2024 Sri Muneeshwar Fertilizers and Pesticides, Sedam, alleging offence punishable under Section 7 (1) (a) (ii) of the Essential Commodities Act, 1955 for violation of clause 19
(a) of the Fertilizer Control Order, 1985 and Section 3 (2)
(a) & (d) of the Essential Commodities Act, 1955.
3. It is alleged that on 12.07.2017, complainant visited the shop of petitioner/accused No.2, who was selling 18:46.0 grade fertilizer of the Coromandel International Ltd. Company (DAP), the date of expiry and batch number were not printed on the bags and further the sample of the said fertilizer sent for examination to Deputy Director of Agriculture, Fertilizer Control Lab, Belagavi was found to be "non-standard".
4. The learned counsel for the petitioner, relying on a decision of this Court, rendered in Criminal Petition No.201037/2021 disposed of on 02.09.2021, contended that the complaint was filed without making the company as an accused and therefore, the same is not maintainable.
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NC: 2024:KHC-K:7998 CRL.P No. 201259 of 2024
5. Learned High Court Government Pleader has contended that accused No.1 is the Territory Manager of Coromandel International Ltd. who supplied the fertilizer to the petitioner and therefore, there is compliance.
6. In the aforementioned decision, this Court has considered a similar contention and allowed the said petition. Paras-7, 8 and 9 are extracted hereunder:
"7. Para 7 of the order passed in R.V. Kusumbekar vs. The Government of Karnataka (Supra) is extracted hereunder:
"7. The learned counsel for petitioner has relied upon the order passed by this court in Crl.P 979/2004 dated 04.03.2008. In the aforestated order, this court has held:
"In the case on hand, it is not stated, petitioner herein was incharge and was responsible to M/s Zauri Industries Limited. Above all, Company is not arrayed as an accused.
The Supreme Court in the case of State of Madras Vs. C.V.Parekh and Another, reported in AIR 1970(3) SCC 491 has held:
"The conviction of respondents is untenable in law as the person contravening the order must be the company itself as laid in Section 10 of the Act. The company was not charged at all and the liability of those in charge of the company cannot -5- NC: 2024:KHC-K:7998 CRL.P No. 201259 of 2024 arise unless the company was charge-sheeted. The actual contravening was by Kamdar and Vallabhadas Thacker and that would not fasten the responsibility on the respondents. The acquittal by the High Court is right".
8. In Sri Sadashiva vs. Government of Karnataka (Supra), in a similar circumstance, this Court has observed that 'there is no specific allegation made against the petitioner as to how he is responsible for the adulteration of the fertilizers or how he is responsible for the sub-standard fertilizers contained in the stitched bags'.
9. In Mr. Sanjay Gowda vs. State of Karnataka (Supra), it is observed that 'the appointment of an officer for compliance of Fertilizers (Control) Order in every company of manufacturing fertilizers is legal requirement. When such officer is nominated, it is only such person is liable for prosecution before the court of law and not its Managing Director'.
7. In the case on hand, company by itself has not been made a party and the liability of those incharge of the company cannot arise unless the company was charge sheeted as held in the case of State of Madras vs. C.V. Parekh and Another1 referred in Criminal Petition 1 AIR 1970 (3) SCC 491 -6- NC: 2024:KHC-K:7998 CRL.P No. 201259 of 2024 No.200785/2014 disposed of on 12.09.2014 in the case of R.V. Kusumbekar vs. The Government of Karnataka.
8. The petitioner is a distributor. There is no specific allegation made as to how he is responsible for the quality of the fertilizer or for not printing the date of expiry and batch number on the fertilizer bags. In light of the decisions noted supra, proceeding initiated against the petitioner is liable to be quashed. Accordingly, the following:
ORDER
(i) The petition is allowed.
(ii) The proceeding pending in C.C.No.2179/ 2021 on the file of the Civil Judge and JMFC, Sedam, insofar as petitioner is concerned, is hereby quashed.
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(MOHAMMAD NAWAZ) JUDGE SWK List No.: 1 Sl No.: 11 CT:SI