- 1 - NC: 2025:KHC-D:702 CRL.P No. 100123 of 2025 IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH DATED THIS THE 17TH DAY OF JANUARY, 2025 BEFORE THE HON'BLE MR. JUSTICE HEMANT CHANDANGOUDAR CRIMINAL PETITION NO. 100123 OF 2025 (482(Cr.PC)/528(BNSS)) BETWEEN: SRI. K. BASAVARAJ AGE. 28 YEARS, OCC. WORKING AS CHIEF EXECUTIVE, PRIMARY AGRICULTURAL CO-OPERATIVE SOCIETY, HAUNSABHAVI, R/O. HAUNSABHAVI, TQ. HIREKERUR, DIST. HAVERI. …PETITIONER (BY SRI. I.Y. PATIL, ADVOCATE) AND: SMT. UMA R. BYADIGI THE FERTILIZER INSPECTOR CUM AGRICULTURAL OFFICER HAUNSABHAVI (RSK), TQ. HIREKERUR, DIST. HAVERI, REPRESENTED BY THE STATE PUBLIC PROSECUTOR, HIGH COURT OF KARNATAKA, DHARWAD BENCH-580011. …RESPONDENT (BY SRI. T. HANUMAREDDY, ADDL. GOVT. ADVOCATE) THIS CRIMINAL PETITION IS FILED U/S 482 OF CR.P.C. (528 OF BNSS), SEEKING TO, QUASH ENTIRE CRIMINAL PROCEEDING INITIATED AGAINST THE PETITIONER/ACCUSED NO.2 IN CC NO.729/2022 FOR THE OFFENCE PUNISHABLE U/S 3 AND 7 OF ESSENTIAL COMMODITIES ACT ARISING OUT OF PCR NO.54/2021, WHICH IS PENDING BEFORE THE CIVIL JUDGE AND JMFC, HIREKERUR. THIS PETITION, COMING ON FOR ADMISSION, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: Digitally signed by B K MAHENDRAKUMAR Location: HIGH COURT OF KARNATAKA DHARWAD BENCH Date: 2025.01.21 09:48:45 +0530 - 2 - NC: 2025:KHC-D:702 CRL.P No. 100123 of 2025 CORAM: THE HON'BLE MR JUSTICE HEMANT CHANDANGOUDAR ORAL ORDER Learned Additional Government Advocate accepts notice for the respondent/State. 2. The respondent/State filed a private complaint under Section 200 of the Code of Criminal Procedure, stating that the complainant visited the shop belonging to the society and collected a sample of Organic DNP Criyagen, as per The Fertilizers (Control) Order, 1985, and sent it for chemical examination. The Bio- Fertilizer Quality Control Laboratory, Dharwad, submitted a report indicating that the sample did not meet the prescribed specifications. The learned Magistrate took cognizance of the offences punishable under Sections 3 and 7 of the Essential Commodities Act, 1975. 3. Heard the learned counsel for the petitioner and the learned Additional Government Advocate for the respondent/State. 4. The petitioner is the Chief Executive of the Primary Agricultural Co-operative Society, which is a retailer of the subject fertilizer manufactured by Criyagen Agri and Biotech Private Limited, a company registered under the Companies Act. The company has not been arrayed as an accused. 5. The provisions of the Essential Commodities Act are made applicable to The Fertilizers (Control) Order under Clause 2(a) of the Fertilizers (Control) Order. Section 10 of the Essential - 3 - NC: 2025:KHC-D:702 CRL.P No. 100123 of 2025 Commodities Act states 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 responsible for, the conduct of the business of the company, as well as the company itself, shall be deemed to be guilty of the contravention. Therefore, in the absence of the company being arrayed as an accused in the complaint, the petitioner, as a retailer of the subject fertilizer, cannot be held guilty under Section 10 of the Essential Commodities Act. Hence, the continuation of the impugned proceedings would amount to an abuse of process of law. 6. Hence, the following; ORDER i. Criminal Petition is allowed. ii. Impugned proceedings in C.C.No.729/2022 on the file of Civil Judge and JMFC., Hirekerur insofar as it relates to petitioner/accused No.2 is concerned is hereby quashed. Sd/- (HEMANT CHANDANGOUDAR) JUDGE AM /Ct:vh List No.: 2 Sl No.: 16