Karnataka High Court
K Kangairajan vs State Of Karnataka on 19 July, 2023
Author: Hemant Chandangoudar
Bench: Hemant Chandangoudar
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NC: 2023:KHC-K:5528
CRL.P No. 200091 of 2023
IN THE HIGH COURT OF KARNATAKA,
KALABURAGI BENCH
DATED THIS THE 19TH DAY OF JULY, 2023
BEFORE
THE HON'BLE MR. JUSTICE HEMANT CHANDANGOUDAR
CRIMINAL PETITION NO.200091 OF 2023
BETWEEN:
1. K. KANGAIRAJAN,
SALES MANAGER, GODREJ AGROVET LTD.,
C/O PAREKH INTEGRATED SERVICES PRIVATE LIMITED,
SHED NO.5, P.V.S. WAREHOUSING,
PATTANAGERE MAIN ROAD,
DURGAPARAMESHWARI LAYOUT,
PATTANGERE, R.R. NAGAR, MYSORE ROAD,
BENGALURU-560098.
...PETITIONER
(BY SRI. NARENDRA REDDY AND
SRI. R. PREM RAJA KUUMARI ADVOCATE)
AND:
1. STATE OF KARNATAKA
REPRESENTED BY
SMT. JAYASHREE VASTRAD,
ASSISTANT AGRICULTURE OFFICER AND
PESTICIDE INSPECTOR,
Digitally signed by FARMER LIASON CENTRE, DEVASUGURU,
KHAJAAMEEN L
MALAGHAN DEPARTMENT OF AGRICULTURE,
Location: HIGH COURT
OF KARNATAKA RAICHUR, KARNATAKA.
ADDL. SPP.
HIGH COURT OF KARNATAKA
KALABURAGI-585 105.
2. SMT. JAYASHREE VASTRADA
ASST. AGRICULTURE OFFICER AND
INSECTICIDE INSPECTOR,
FARMERS LIASON CENTRE, DEVASUGURU,
DEPARTMENT OF AGRICULTURE, RAICHUR,
KARNATAKA
(AMENDED V/C/O DATED:7.6.2022)
...RESPONDENT
(BY SRI SHARANABASAPPA M PATIL, HCGP
PROPOSED R2 -SERVED)
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NC: 2023:KHC-K:5528
CRL.P No. 200091 of 2023
THIS CRIMINAL PETITION FILED UNDER SECTION 482 OF
CR.P.C. PRAYING TO CALL FOR THE RECORDS PERTAINING TO THE
PROCEEDINGS IN C.C.NO.4822/2022, FOR THE OFFENCES
PUNISHABLE UNDER SECTIONS 9, 13, 3 (K) AND 29 OF THE
INSECTICIDE ACT, 1968, PENDING ON THE FILE OF THE COURT OF
THE PRINCIPAL SENIOR CIVIL JUDGE AND CJM, RAICHUR AND
QUASH THE SAME THEREIN INSOFAR AS IT RELATES TO THE
PETITIONER HEREIN.
THIS PETITION, COMING ON FOR ADMISSION, THIS DAY, THE
COURT MADE THE FOLLOWING:
ORDER
The respondent No.2 filed a private complaint under Section 200 of Cr.PC for contravention of Sections 9, 13, 3 (K) and Section 29 of the Pesticides Act, 1968, alleging that, the sample of the product `Double' from one Lakshmi Venkateshwara Agencies was sent to the Insecticide Analyst for testing, and the Insecticide Analyst has submitted a report stating that, the sample contains insecticide viz:carbendazim 0.147 ppm. -3-
NC: 2023:KHC-K:5528 CRL.P No. 200091 of 2023
02. The respondent issued a show cause notice to submit an explanation to the report submitted by the Insecticide Analyst. The Godrej Agrovet Ltd., which is the Manufacturer of the product, submitted a reply dated 18.1.2022 stating that, the product is not an insecticide, but a biostimulant. The cognizance taken of the aforesaid offence by the learned Magistrate is impugned in this petition.
03. The learned counsel for the petitioner - accused No.2 submits that, the accused No.1 is the Sales Manager of Godrej Agrovet Ltd., which is the manufacturer of the product, and the company having not been arraigned as an accused, the accused No.2 cannot be held vicarious guilty along with the company as specified under Section 33 of the Insecticide Act, 1968. She further submits that, the subject product is not an insecticide, but a biostimulant, and as such, the provisions of the Insecticide Act, 1968 are not applicable.
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NC: 2023:KHC-K:5528 CRL.P No. 200091 of 2023
04. The respondent No.2 though served with notice has not chosen to appear in person or through her counsel.
05. The learned High Court Government Pleader for the respondent No.1 - State submits that, the accused No.2 is the Sales Manager of the Company, which has manufactured the product, and as such, there is no requirement to arraign the company as an accused. He further submits that, whether the product is an insecticide or not is the matter, which can be considered at the time of trial, and at this stage, the same cannot be considered, and sought for dismissal of the petition.
06. Considered the submissions of the learned counsel for the parties.
07. The petitioner - accused No.2 is the Sales Manager of the company, which has manufactured the product. Section 33 of the Insecticide Act, 1968 specifies -5- NC: 2023:KHC-K:5528 CRL.P No. 200091 of 2023 that, whenever an offence under this Act has been committed by a company, every person who at the time the offence was committed, was in charge of or 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 offence. In the instant case, the accused No.2, who is the Sales Manager, was not in charge of production of the product, and in the absence of the company, cannot be held vicarious guilty of the accused along with the company as specified under Section 33 of the Act. Hence the company having not been arraigned as an accused, the continuation of criminal proceeding against the accused No.2 will be an abuse of process of law.
08. The Ministry of Agriculture and Farmers Welfare vide order dated 23.2.2021 has defined the term "biostimulant", which means as substance or microorganism or a combination of both whose primary function when applied to plants, seeds or rhizosphere is to -6- NC: 2023:KHC-K:5528 CRL.P No. 200091 of 2023 stimulate physiological processes in plants and to enhance its nutrient uptake, growth, yield, nutrition efficiency, crop quality and tolerance to stress, regardless of its nutrient content, but does not include pesticides or plant growth regulators which are regulated under the Insecticide Act, 1968. The said order further specifies that no biostimulant shall contain heavy metals content over and above the maximum limit prescribed for various metals and no biostimulant shall contain any pesticide beyond the permissible limit.
09. Schedule-VI Part-C of the Fertilizer Inorganic Fertilizer Order specifies the procedure for drawing the samples of biostimulants and under the Fertilizer Control Order, the sample collected has to be tested, as prescribed under the Order. Hence, the sample of the product drawn by the respondent and tested under the provisions of Insecticide Act, 1968, is one without authority of law. Accordingly, I pass the following;
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NC: 2023:KHC-K:5528 CRL.P No. 200091 of 2023 ORDER I. The Criminal Petition is allowed.
II. The impugned proceedings in C.C.No.4822/2022 on the file of the Prl. Senior Civil Judge and CJM, Raichur. insofar as it relates to petitioner - accused No.2, is hereby quashed.
In view disposal of main petition, the pending I.As. if any do not survive for consideration and hence, they are disposed of.
Sd/-
JUDGE BKM/KJJ List No.: 1 Sl No.: 50