Karnataka High Court
Channayya S/O Mahalingayya ... vs The State Of Karnataka on 13 June, 2022
Author: V.Srishananda
Bench: V.Srishananda
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CRL.P No. 100343 of 2019
IN THE HIGH COURT OF KARNATAKA,
DHARWAD BENCH
DATED THIS THE 13TH DAY OF JUNE, 2022
BEFORE
THE HON'BLE MR JUSTICE V.SRISHANANDA
CRIMINAL PETITION NO. 100343 OF 2019 (482)
BETWEEN:
1. CHANNAYYA S/O MAHALINGAYYA
MASAGUPPIMATH
AGE: 41 YEARS,
OCC: CHEMIST,
R/O: GADAG GALLI MAHALINGAPUR,
TQ: MUDHOL,
DIST: BELAGAVI.
...PETITIONER
(BY SRI. SRINIVAS B NAIK, ADVOCATE FOR
SRI K L PATIL, ADVOCATE)
AND:
1. THE STATE OF KARNATAKA
REP. BY STATE PUBLIC PROSECUTOR
HIGH COURT OF KARNATAKA
DHARWAD BENCH, DHARWAD
THROUGH AGRICULTURAL OFFICER CUM
FERTILIZER INSPECTOR RAITHA SAMPARKA
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CRL.P No. 100343 of 2019
KENDRA NAGARMUNOLLI
DIST: BELAGAVI - 591222.
...RESPONDENT
(BY SRI. RAMESH CHIGARI, HCGP)
THIS CRIMINAL PETITION IS FILED U/S 482 OF
CR.P.C. SEEKING TO QUASH THE ENTIRE PROCEEDINGS
AGAINST THE PETITIONER/ACCUSED NO.2 IN
C.C.NO.118/2018 AND ORDER DATED 18.1.2018 ISSUING
SUMMONS TO THE PETITIONER, ON THE FILE OF THE PRL.
CIVIL JUDGE & JMFC COURT, CHIKODI, FOR THE
OFFENCES P/U/S 3 & 7 OF ESSENTIAL COMMODITIES
ACT.
THIS PETITION COMING ON FOR ORDERS THIS DAY,
THE COURT MADE THE FOLLOWING:
ORDER
Petition under Section 482 of Cr.P.C., with the following prayer:
"Wherefore, it is most humbly prayed that, this Hon'ble Court be pleased to quash the entire proceedings against the petitioner/accused No.2 in CC No.118/2018, and order dated 18/1/2018 issuing summons to the petitioner, on the file of -3- CRL.P No. 100343 of 2019 Principal Civil Judge and JMFC., Chikodi, for the offence punishable under Section 3 & 7 of Essential Commodities Act, in the ends of justice."
2. Heard Sri Srinivas B Naik, learned counsel for the petitioner and Sri Rmesh Chigari, High Court Government Pleader for the respondent - State and perused the records.
3. Brief facts of the case are as under:
Rajendra Dattavade, Agricultural Officer cum Fertilizer Inspector filed a complaint under Section 19 of the Fertilizer (Control) Order 1985 and Section 3 and 7 of the Essential Commodities Act, 1955 read with Section 200 of Cr.P.C. In the complaint it is contended that Bharatesh T Rotti is the owner of the firm namely Bharatesh Agro Agency, situated at Kabbur, Chikkodi Road, Chikkodi Taluk, Belagavi District which is dealing with the fertilizers and holds the necessary licence. On 26.12.2015 at about 12.30 p.m., complainant visited the business premises of the accused No.1 and had a routine inspection and at that juncture, he drew sample of -4- CRL.P No. 100343 of 2019 500 ml Micro Nutrient Fertilizer Tracy (the package/bottle was in a sealed condition) from the stock of the micronutrient fertilizer and three 500 ml bottle of the said Micronutrient fertilizers and the sample was packed in a clean and dry thick polythene bags by following required procedure. Thereafter same was sent to laboratory at Belagavi. Report received from the laboratory revealed that the sample drawn by the Fertilizer Inspector was of substandard quality and therefore it was sent to the dealer.
A show cause notice as contemplated under the provisions of law was also issued.
4. However, accused No.1 rejected the laboratory report and appealed for reanalysis before the Appellate Authority. Report of the Fertilizer and Testing Laborary, Gujarat was received which confirmed that the seized sample was of substandard quality. Accordingly, sought for action against the accused.
5. Insofar as accused No.2 is concerned, he is the technician working in the Rohini Micronutrient Industries, situated in Belagali, Mudol Road, Mahalingapur, Mudol Taluk, -5- CRL.P No. 100343 of 2019 Bagalpur District. Admittedly, the accused No.2 is not the person who could be proceeded under the provisions of the Essential Commodities Act. In this regard, it is just and necessary to cull out Section 10 of the Essential Commodities Act, which reads as under:
"10. Offences by companies:-
(1) 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: Provided that nothing contained in this sub-section shall render any such person liable to any punishment if he proves that the contravention took place without his knowledge or that he exercised all due diligence to prevent such contravention.
(2) Notwithstanding anything contained in sub-section (1), where an offence under this Act has been committed by a company and it is proved that the offence has been committed with -6- CRL.P No. 100343 of 2019 the consent or connivance of, or is attributable to any neglect on the part of any director, manager, secretary or other officer of the company, such director, manager, secretary or other officer shall also be deemed to be guilty of that offence and shall be liable to be proceeded against and punished accordingly. Explanation.--For the purposes of this section,--
(a) "company'' means any body corporate, and includes a firm or other association of individuals; and
(b) "director'' in relation to a firm means a partner in the firm."
6. On perusal of the said provisions of law, it is seen that the seized sample no doubt has been of the substandard quality. But, as per Section, 10 of the Act, the accused No.2 cannot be the person who could be proceeded. Accordingly, petition against the second petitioner who is accused No.2 is to be terminated. However, the authority is at liberty to prosecute the person who is responsible of Rohini Micronutrient Industries.
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7. Accordingly, this Court passes the following:
ORDER The criminal petition is allowed.
Further proceedings pending in CC No.118/2018 on the file of Principal Civil Judge and JMFC., Chikodi, insofar as the petitioner is concerned is hereby quashed.
However, quashing of this order shall not come in the way of the respondent to proceed against the appropriate person of M/s. Rohini Micronutrient Industries.
SD/-
JUDGE MR