IN THE HIGH COURT OF ANDHRA PRADESH :: AMARAVATI THURSDAY ,THE EIGHTH DAY OF MAY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE HARINATH.N CRIMINAL PETITION NO: 5193 OF 2025 Between: 1. M/s. Annapurna Agencies (Retailer Fertilizer Dealer), Represented by the Proprietor of the Firm Sri Gembali Ananda Rao, S/o. Late Somulu, aged 70 years, D.No-4-49, Main Road, Chinamerangi Village, Jiyyammavalasa Mandal, Parvathipuram Manyam District, Andhra Pradesh (A1) 2. Sri P. Siva Kumar, State Marketing Manager, A.P (Manufacturer) Green Star Fertilizers Limited, Branch Office- 4th Floor, New D.No.11-401, Krishna Nagar, Kanuru Village, Penamaluru Mandal, Krishna District, Andhra Pradesh PIN 521 139 (A2) ...Petitioners/Accused AND 1. The State of Andhra Pradesh, State Represented by the Assistant Director of Agriculture (Regular), Gumma Laxmipuram, Vizianagaram District, Andhra Pradesh ...1®* Respondent/De-facto Complainant 2. The State of Andhra Pradesh, Rep. by Public Prosecutor, High Court at Amravati, Andhra Pradesh. ...2"'^ Respondent t .. Petition under Section 528 of BNSS of New Act(482 of Cr.P.C), praying that in the circumstances stated in the Memorandum of Grounds of Criminal Petition, the High Court may be pleased to quash the proceedings against petitioners/accused in C.C.No.69 of 2024 on the file of the Additional Judicial First Class Magistrate at Vizianagaram, registered U/S. 19 (a) (b) of The Fertilizer (Control Order)- 1985 read with section 7 (i)(a)(ii) of Essential Commodities Act, 1955. I.A. NO: 1 OF 2025 Petition under Section 528 of BNSS of New Act (482 of Cr.P.C), praying that in the circumstances stated in the Memorandum of Grounds of Criminal Petition, the High Court may be pleased to stay all further proceedings in C.C.No.69 OF 2024 on the file of the Additional Judicial First Class Magistrate at Vizianagaram, registered U/S. 19 (a) (b) of The Fertilizer (Control Order)-1985 read with section 7 (i) (a) (ii) of Essential Commodities Act, 1955; till the disposal of the Criminal petition. This Petition coming on for hearing, upon perusing the Memorandum of Grounds of Criminal Petition and upon hearing the arguments of Sri Haranadha Raju Katta ,Advocate for the Petitioners and the Public Prosecutor on behalf of the Respondent No.2. The Court made the following: APHC010245342025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3457] THURSDAY ,THE EIGHTH DAY OF MAY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE HARINATH.N CRIMINAL PETITION NO: 5193/2025 Between: M/s. Annapurna Agencies (retailer Fertilizer Dealer) and Others ...PETITIONER/ACCUSED(S) AND The State Of Andhra Pradesh and Others ...RESPONDENT/COMPLAINANT(S) Counsel for the Petitioner/accused(S): 1. HARANADHA RAJU KATTA Counsel for the Respondent/complainant(S): 1.PUBLIC PROSECUTOR 2. The Court made the following Order: The petitioners are arraigned as accused Nos.1 and 2 in C.C.No.69 of 2024, on the file of the Judicial Magistrate of First Class, Vizianagaram, for the alleged offences under Sections 19(a)(b) of The Fertilizer (Control) Order^ 1985 read with Section 7(1)(a)(ii) of Essential Commodities Act, 1955. Heard learned counsel for the petitioners and learned Assistant 2. Public Prosecutor appearing for the State. 2 St The learned counsel for the petitioners submits that the 1 petitioner is a dealer of M/s. Annapurna Agencies and the 2'^'^ petitioner is an employee of Green Star Fertilizers Limited. It is submitted that the petitioners 3. are only employees of the respective companies, and that the samples of the seeds manufactured by the respective companies were drawn for testing. Upon receipt of the report of the Assistant Director of Agriculture, Fertilizer Proving Center, the samples were found to be non-standard. On the strength of the said report, the 1®* respondent has filed the complaint before the Court. It is submitted that, without arraigning the company as an accused, the employees of the company cannot be held vicariously liable for the commission of the alleged offences. The learned counsel for the petitioners placed reliance on the 4. judgment of the High Court for the State of Karnataka in W.P.No. 15071 of 2023. In that case, the Karnataka High Court considered the issue of criminal prosecution for alleged offences under the Fertilizer (Control) Order and the Essential Commodities Act. It was observed that the manufacturer of the fertilizer in question had not been arraigned as an accused, and the Court held that, in the absence of the company being made an accused, its employees could not be held vicariously liable. On these grounds, the writ petition was allowed, and the proceedings pending before the learned Judicial Magistrate of First Class were quashed. 3 A similar view was taken by the Karnataka High Court in the matter of Zuari Agro Chemicals Limited vs. State of Karnataka^ 5. 6. The High Court of Jammu and Kashmir and Ladakh at Srinagar, in Crl.M.Nos.496 of 2021 and 878 of 2021, has taken a similar view. In those cases, the petitioners were officers of the company and were shown as accused. Admittedly, the petitioners are not the manufacturers of the seeds whose samples were drawn by the respondent No.1 authority for testing. Without arraigning the manufacturing of the seeds, the criminal liability cannot fastened upon the employees of the company. 7. Considering the submissions, this Court, it in its considered opinion, following the judgments of the High Court for the State of Karnataka, holds that the prosecution initiated by the 1®* respondent, cannot withstand the scrutiny of law. 8. Accordingly, this Criminal Petition is allowed, and C.C.No.69 of 2024 on the file of Judicial Magistrate of First Class, Vizianagaram, is hereby quashed. 9. As a sequel, pending miscellaneous petitions, if any, shall stand closed. T Crl.P.No.101492 of 2022 Sd/- G HELA NAIDU ASSISTANT REGISTRAR SECTION OFFICER //TRUE COPY// To, 1. The Additional Judicial First Class Magistrate, Vizianagaram, Vizianagaram District 2. One CC to Sri. Haranadha Raju Katta, Advocate [OPUC] 3. Two CCs to the Public Prosecutor, High Court of Andhra Pradesh at Amaravathi [OUT] 4. Three CD Copies Stu HIGH COURT DATED:08/05/2025 ORDER CRLP.No.5193 of 2025 o o 0 7 .)UL 2025 ^s£^SPATC\^ CO, ALLOWING THE CRIMINAL PETITION