Karnataka High Court
Shri. Shivaprasad vs State Of Karnataka on 28 November, 2022
Author: Hemant Chandangoudar
Bench: Hemant Chandangoudar
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CRL.P No. 103783 of 2022
IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH
DATED THIS THE 28TH DAY OF NOVEMBER, 2022
BEFORE
THE HON'BLE MR JUSTICE HEMANT CHANDANGOUDAR
CRIMINAL PETITION NO. 103783 OF 2022 (482-)
BETWEEN:
SHRI. SHIVAPRASAD
MANAGER QUALITY CONTROL,
MANGALORE CHEMICALS AND FERTILIZERS LTD.,
PANAMBUR, MANGALORE-575010.
...PETITIONER
(BY SRI. M.J.PEERJADE, ADVOCATE)
AND:
STATE OF KARNATAKA
R/BY SPP HIGH COURT OF KARNATAKA BENCH
DHARWAD-580002,
THROUGH RAGHUNATH M PATIL,
FERTILIZER INSPECTOR CUM AGRICULTURAL OFFICER
RAITH SAMPARK KENDRA
KUDACHI, TQ. RAIBAG, DIST. BELAGAVI.
...RESPONDENT
(BY SRI. V.S.KALASURMATH, HCGP)
THIS CRIMINAL PETITION IS FILED U/S 482 OF CR.P.C.
SEEKING TO THE COMPLAINT AND ALL FURTHER PROCEEDINGS IN
CC NO 877/2021 FILED AND PENDING BEFORE THE COURT OF ADDL.
CIVIL JUDGE AND JMFC RAIBAG AGAINST THE
PETITIONER/ACCUSED NO. 2 MANAGER QUALITY CONTROL OF THE
OFFENCE PUNISHABLE SECTION 7(a)(i)(ii) OF THE ESSENTIAL
COMMODITIES ACT 1955 BE KINDLY QUASHED.
THIS CRIMINAL PETITION COMING ON FOR ADMISSION, THIS
DAY, THE COURT MADE THE FOLLOWING:
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CRL.P No. 103783 of 2022
ORDER
Learned HCGP accepts notice for the respondent.
2. A private complaint was filed under Section 200 of Cr.P.C. by the respondent for the offences punishable under Sections 7(a)(i)(ii) of the Essential Commodities Act, 1955 alleging that the fertilizer manufactured by Mangalore Chemicals and Fertilizers Limited was of sub-standard quality. The learned Magistrate after perusal of the complaint, took cognizance of the aforesaid offences and issued summons. Taking exception to the same, the petitioner-accused No.2 is before this Court.
3. Learned counsel appearing for the petitioner submits that the complaint filed by the respondent without arraying the Company as an accused is not maintainable, since the petitioner-accused No.2 who is Deputy General Manager of the Company cannot be held vicariously guilty of the aforesaid offences as specified under Section 10 of the Essential Commodities Act, 1955.
4. On the other hand, the learned HCGP appearing for the respondent-State submits that the petitioner-accused No.2 -3- CRL.P No. 103783 of 2022 who is the Deputy General Manger of the Company is responsible for maintaining the quality of the fertilizer manufactured by the Company and as such, the learned Magistrate has rightly taken cognizance of the aforesaid offences and the same does not warrant any interference.
5. I have examined the submissions made by the learned counsel for the parties.
6. Section 2(a) of the Fertilizer (Control) Order, 1985 specifies that "Act" means the Essential Commodities Act, 1955. Section 10 of the Essential Commodities Act, 1955 specifies 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, to hold the officer of the Company vicariously guilty, the Company should be arrayed as an accused.
7. In the instant case, the Company having not been arrayed as an accused, the petitioner cannot be held vicariously -4- CRL.P No. 103783 of 2022 guilty of the aforesaid offences as specified under Section 10 of the Essential Commodities Act, 1955. Accordingly, I pass the following:
ORDER Criminal Petition is allowed. The impugned proceedings in C.C. No.878/2021 pending on the file of the Additional Civil Judge and JMFC, Raibag, insofar it relates to the petitioner-accused No.2 is hereby quashed.
Sd/-
JUDGE AC List No.: 1 Sl No.: 71