Karnataka High Court
Sri. Mahesh S/O Vallabhji Shapariya vs The State Of Karnataka on 27 June, 2024
Author: V.Srishananda
Bench: V.Srishananda
-1-
NC: 2024:KHC-D:8796
CRL.P No. 101336 of 2024
IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH
DATED THIS THE 27TH DAY OF JUNE, 2024
BEFORE
THE HON'BLE MR JUSTICE V.SRISHANANDA
CRIMINAL PETITION No.101336 OF 2024
BETWEEN:
SRI. MAHESH
S/O VALLABHJI SHAPARIYA
AGED ABOUT 55 YEARS,
SR. MANAGER
PRODUCTION, GSFC LTD.,
R/O. GSFC TOWNSHIP
B/5, P.O.MOTI KHAVADI
DIST. JAMNAGAR (GUJARAT STATE)
...PETITIONER
(BY SRI SUNIL KOTH, ADVOCATE FOR
SRI RAMACHANDRA A MALI, ADVOCATE)
AND:
THE STATE OF KARNATAKA
REP. BY AGRICULTURAL OFFICER CUM
Digitally FERTILIZED INSPECTOR
signed by RAYAT SAMPARK KENDRA
MALATESH
KC KUDACHI
TQ. RAIBAG
Location:
HIGH DIST .BELAGAVI
COURT OF NOW REP. BY STATE PUBLIC PROSECUTOR
KARNATAKA HIGH COURT OF KARNATAKA BUILDING,
DHARWAD BENCH, DHARWAD
...RESPONDENT
(BY SMT.GIRIJA HIREMATH, ADVOCATE)
THIS CRIMINAL PETITION IS FILED U/S 482 OF CR.P.C.,
PRAYING TO CALL FOR THE RELEVANT RECORDS AND QUASH THE
IMPUGNED ORDER DATED 09.11.2021 MADE IN CC NO.2050/2021
(P.C.NO.160/2021) PASSED BY THE ADDL.CIVIL JUDGE AND JMFC
COURT, RAIBAG AND CONSEQUENTLY ALSO QUASH ALL FURTHER
-2-
NC: 2024:KHC-D:8796
CRL.P No. 101336 of 2024
PROCEEDINGS IN CC NO.2050/2021 REGISTERED FOR THE OFFENCE
PUNISHABLE U/S 7(i)(a)(ii) OF ESSENTIAL COMMODITIES ACT 1955
ON THE FILE OF ADDL.CIVIL JUDGE AND JMFC RAIBAG IN SO FAR AS
THE SAME RELATE TO THE PETITIONER/ACCUSED NO.3 HEREIN.
THIS CRL.P, COMING ON FOR FINAL HEARING, THIS DAY, THE
COURT MADE THE FOLLOWING:
ORDER
The matter pertains to Dharwad Bench and is taken up at Bengaluru through video conferencing.
Heard Sri Sunil Koth, advocate on behalf of Sri Ramachandra A. Mali, learned counsel for the petitioner and Smt.Girija Hiremath, learned High Court Government Pleader.
2. Petition is filed under Section 482 of the Code of Criminal Procedure with the following prayer:
"Call for the relevant records and quash the impugned Order dated 09.11.2021 made in C.C.No.2050/2021 (P.C.No.160/2021) passed by the Addl. Civil Judge & JMFC, Raibag and consequently also quash all further proceedings in C.C.No.2050/2021 registered for the offence punishable under Section 7(i)(a)(ii) of Essential Commodities Act, 1955, on the file of the Addl. Civil Judge and JMFC, Raibag, insofar as the same relate to the petitioner/accused No.3 herein in the interest of the justice."
3. Brief facts of the case are as under: -3-
NC: 2024:KHC-D:8796 CRL.P No. 101336 of 2024 A private complaint came to be filed under Section 200 of the Code of Criminal Procedure by one Sri Prashanth H. Sane, Fertilizer Inspector. He alleged that on receipt of credible information, he visited Om Madhava Fertilizers, Harogeri, Raibag Taluk, Dist:
Belagavi, and seized inferior quality fertilizers and samples were drawn and later on sent the same to the laboratory and got confirmed that the seized sample was of inferior quality and therefore, launched prosecution against the petitioner and others.
4. After thorough investigation, charge sheet was filed and cognizance was taken.
5. After completing necessary formalities, petitioner has approached this Court with the aforesaid prayer.
6. The contention of the petitioner is that he is only a Manager of the Company and he is neither sales representative nor manufacturer of the seized sample and therefore, he is not responsible for the alleged offence. Moreover, in view of non impleading the -4- NC: 2024:KHC-D:8796 CRL.P No. 101336 of 2024 company as a party accused, prosecution against the Manager of the Company is not permissible and therefore, sought for quashing of the complaint.
7. In support of his contention, learned counsel placed reliance on the Order passed by this Court in Crl.P.No.101933/2022 dated 20.07.2022.
8. Relevant portion of the said order is culled out hereunder:
"7. 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 -5- NC: 2024:KHC-D:8796 CRL.P No. 101336 of 2024 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 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 anybody corporate, and includes a firm or other association of individuals; and
(b) "director'' in relation to a firm means a partner in the firm."
9. In the case on hand also, since the Company is not impleaded as party accused, a case is made out by the petitioner/accused to quash the proceedings insofar as the petitioner is concerned.
10. Accordingly, the following:
-6-
NC: 2024:KHC-D:8796 CRL.P No. 101336 of 2024 ORDER
(i) Petition is allowed.
(ii) Pending criminal proceedings in C.C.No.2050/2021 (P.C.No.160/ 2021) on the file of the Addl. Civil Judge and JMFC, Raibag, as against petitioner/accused No.3 is hereby quashed.
Ordered accordingly.
Sd/-
JUDGE kcm List No.: 19 Sl No.: 17