- 1 - NC: 2025:KHC-D:2451 CRL.P No. 100579 of 2025 IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH DATED THIS THE 7TH DAY OF FEBRUARY, 2025 BEFORE THE HON'BLE MR. JUSTICE HEMANT CHANDANGOUDAR CRIMINAL PETITION NO. 100579 OF 2025 (482(Cr.PC)/528(BNSS)) BETWEEN: SRI. VEERAPPA PREMASHETTI ANGADI PROP. SRI GURU KOTTURESHWAR KRUSHI KENDRA ATTIGERI, AGED ABOUT 53 YEARS, R/O. C/O. PREMSHETTY SHOP, NEAR MARUTI TEMPLE, ATTIGERI, TQ. SHIGGAON, DIST. HAVERI-581 126. …PETITIONER (BY SRI. KARTIK GANACHARI, ADVOCATE) AND: STATE OF KARNATAKA R/BY FERTILISER INSPECTOR CUM ASST. DIRECTOR OF AGRICULTURE, SHIGGAON, DIST. HAVERI-581 110 REP.BY SPP, HIGH COURT OF KARNATAKA, DHARWAD. …RESPONDENT (BY SRI. ASHOK T. KATTIMANI, AGA) THIS CRIMINAL PETITION IS FILED U/S 482 OF CR.P.C. (528 OF BNSS), SEEKING TO ALLOW THE ABOVE CRIMINAL PETITION AND QUASH THE PRIVATE COMPLAINT DATED 31.10.2022 AND ENTIRE PROCEEDINGS IN CC NO.1027/2022 PENDING ON THE FILE OF SENIOR CIVIL JUDGE AND JMFC, SHIGGAON VIDE ANNEXURES A AND B AND ALL OTHER PROCEEDINGS THEREON, IN SO FAR AS PETITIONER/ACCUSED IS CONCERNED. THIS PETITION, COMING ON FOR ADMISSION, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: THE HON'BLE MR. JUSTICE HEMANT CHANDANGOUDAR B K MAHENDRAKUMAR Digitally signed by B K MAHENDRAKUMAR Location: HIGH COURT OF KARNATAKA DHARWAD BENCH Date: 2025.02.20 16:40:12 +0530 - 2 - NC: 2025:KHC-D:2451 CRL.P No. 100579 of 2025 ORAL ORDER Heard the learned counsel for the petitioner and the learned Additional Government Advocate for the respondent-State. 2. The petitioner, who is being prosecuted for offences punishable under Section 7A(i) and 7A(ii) of the Essential Commodities Act, 1955, and Clauses 7 and 8 of the Fertilizers (Control) Order, 1985, has approached this Court seeking relief. 3. The respondent lodged an FIR under Section 200 of the Cr.P.C., alleging that the petitioner was granted a license to sell fertilizers, one of the conditions of which required the petitioner to notify any change in the address of the storage premises. However, the petitioner, without notifying the change, allegedly stored the fertilizers in a different godown. 4. In similar circumstances, a Co-ordinate Bench of this Court in W.P. No. 104417/2021 considered Clause 2 of the Fertilizers (Control) Order, 1985, and made the following observations: i. Clause 8(2) states that any person intending to sell fertilizers must submit a Memorandum of Intimation to the notified authority in Form A1, upon which the notified authority is required to issue an acknowledgment of receipt in Form A2. ii. Clause 8(3) states that upon receiving an acknowledgment in Form A2, the applicant shall be deemed authorized to act as a dealer under the Fertilizers (Control) Order. - 3 - NC: 2025:KHC-D:2451 CRL.P No. 100579 of 2025 iii. Essentially, a person intending to sell fertilizers is only required to intimate the notified authority of their intent, and the notified authority does not need to examine the suitability or resources of the applicant before granting authorization. iv. Since the Memorandum of Intimation is not an application seeking a license, any conditions imposed in such an application do not constitute an “order” under the Fertilizers (Control) Order, the contravention of which would warrant prosecution. v. Therefore, even if a condition is imposed requiring an applicant to notify a change in premises, failure to do so does not amount to contravention of an order under the Control Order. vi. In such a situation, the respondent authority does not have the power to confiscate fertilizers merely on the ground that an authorization holder stored them at an unnotified location. 5. Since the Co-ordinate Bench has already held that failure to notify a change in storage premises does not constitute an offence under the Fertilizers (Control) Order, 1985, the present petition deserves to be disposed of in similar terms. 6. In view of the above, the continuation of criminal proceedings against the petitioner would amount to an abuse of the process of law. 7. Accordingly, I pass the following: ORDER i) The criminal petition is allowed. - 4 - NC: 2025:KHC-D:2451 CRL.P No. 100579 of 2025 ii) The impugned proceedings in C.C.No.1027/2022 pending on the file of the Senior Civil Judge and JMFC, Shiggaon, insofar it relates to the petitioner herein is hereby quashed. Sd/- (HEMANT CHANDANGOUDAR) JUDGE HR CT:NJ List No.: 1 Sl No.: 65