- 1 - NC: 2025:KHC-D:2125 CRL.P No. 100480 of 2025 C/W CRL.P No. 100504 of 2025 CRL.P No. 100506 of 2025 IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH DATED THIS THE 4TH DAY OF FEBRUARY, 2025 BEFORE THE HON'BLE MR. JUSTICE HEMANT CHANDANGOUDAR CRIMINAL PETITION NO. 100480 OF 2025 (482(Cr.PC)/528(BNSS)) C/W CRIMINAL PETITION NO. 100504 OF 2025 CRIMINAL PETITION NO. 100506 OF 2025 IN CRL.P. NO.100480 OF 2025: BETWEEN: 1. SUNIL SATYANARAYAN CHEJAD AGE. 47 YEARS, OCC. OWNER OF SHREE PADMAVATI TRADERS, MARUTI GALLI, V.R.DESHPANDE ROAD, HALIYAL, DIST. UTTAR KANNADA-581329. 2. N. NAVEENRAJ AGE. 45 YEARS, OCC. MANAGER, STATE OFFICE, IFFCO-E-BAZAR, 3RD BLOCK, 3RD FLOOR, KSCMF BUILDING, CUNNIGHAM ROAD, BANGALORE-560052. 3. MANJUNATH H PLANT SUPERVISE CUM CHEMIST, SOUTH INDIA POTASH, NO.50/1, OUTSKIRT OF MRN SUGAR FACTORY, KULAGERI CROSS, TQ. BADAMI, DIST. BAGALKOTE-587201. 4. STATE OFFICE, IFFCO E-BAZAR 3RD BLOCK, 3RD FLOOR, KSCMF BUILDING, CUNNINGHAM ROAD, BANGALORE, REPRESENTED BY ITS N. NAVEENRAJ, AGE. 45 YEARS, OCC. MANAGER, STATE OFFICE, IFFCO-E-BAZAR, 3RD BLOCK, 3RD FLOOR, KSCMF BUILDING, CUNNIGHAM ROAD, BANGALORE-560052. 5. SOUTH INDIAN POTASH NO.50/1 OUTSKIRT OF MRN SUGAR FACTORY, B K MAHENDRAKUMAR Digitally signed by B K MAHENDRAKUMAR Location: High Court of Karnataka, Dharwad Bench Date: 2025.02.07 11:09:18 +0530 - 2 - NC: 2025:KHC-D:2125 CRL.P No. 100480 of 2025 C/W CRL.P No. 100504 of 2025 CRL.P No. 100506 of 2025 KULAGERI CROSS, TQ. BADAMI, DIST. BAGALKOTE-587201, REPRESENTED BY ITS MANJUNATH H., PLANT SUPERVISE CUM CHEMIST, SOUTH INDIA POTASH, NO.50/1, OUTSKIRT OF MRN SUGAR FACTORY, KULAGERI CROSS, TQ. BADAMI, DIST. BAGALKOTE-587201. …PETITIONERS (BY SRI. AVINASH A.UPLAONKAR, ADVOCATE) AND: THE GOVERNMENT OF KARNATAKA DEPARTMENT OF AGRICULTURE, THROUGH ASSISTANT DIRECTOR OF AGRICULTURE, HALIYAL AND PESTIIDES SUPERVISOR OFFICE HALIYAL, NOW REPRESENTED BY ADDL SPP, HIGH COURT OF KARNATAKA, DHARWAD BENCH-580011. …RESPONDENT (BY SRI. PRAVEENA Y.DEVAREDDIYAVARA, HCGP) THIS CRIMINAL PETITION IS FILED U/SE. 482 OF CR.P.C. (U/S. 528 OF BNSS, 2023) SEEKING TO, EXERCISE INHERENT POWERS U/SE. 482 OF CR.P.C. EXAMINE THE RECORDS AND QUASH THE TAKING COGNIZANCE IN CC NO.9/2024, DATED 17.01.2024, FOR THE OFFENCE P/U/SEC. 3 R/W 7 OF ESSENTIAL COMMODITIES ACT 1955, RULE 28(1) (a) AND 4 OF FERTILIZER (CONTROL) ORDER 1985 PENDING BEFORE THE CIVIL JUDGE AND JMFC COURT AT HALIYAL AGAINST THE PETITIONERS/ ACCUSEDNO. 1 TO 5. IN CRL.P NO.100504 OF 2025: BETWEEN: 1. M/S HELIOCAN AGRO CHEMICALS LTD., BLOCK NO.211, KIADB INDUSTRIAL AREA, RAICHUR, GROWTH CENTRE, RAICHUR-584134, REPRESENTED BY GENERAL MANAGER, BALESHWAR P.TOMAR, M/S HELIOCON AGRO CHEMICAL LTD., - 3 - NC: 2025:KHC-D:2125 CRL.P No. 100480 of 2025 C/W CRL.P No. 100504 of 2025 CRL.P No. 100506 of 2025 PLOT NO.222, COTTON MARKET NEHRU GUNJ, KALABURAGI-585104. 2. NAGARAJ MANIKAPPA BIRADAR RESPONSIBLE OFFIER OF THE FIRM, M/S ZUARI FARMHUB LIMITED, 1ST FLOOR, NO.28, ADVENTZ CENTRE, UNION STREET CUBBON ROAD, BENGALURU ARBAN-560001. 3. SURESH VENKAPPA HOSUR OWNER OF THE FIRM SHIR BALAJI FERTILZERS, PLOT NO.05, NEAR APMC ROAD, MAHALINGAPUR, TQ. RABAKAVI BANNAHATTI, DIST. BAGALKOTE-587312. 4. BALESHWAR P. TOMAR GENERAL MANAGER, RESPONSIBLE PERSON OF A-1, M/S HELIOCON AGRO CHEMICAL LTD., PLOT NO.222, COTTON MARKET, NEHRU GUNJI, KALABURGI-585104. 5. MALLAPPA MATTI RESPONSIBLE PERSON OF SHOP SHRI. CHANNABASAVESHWAR TRADERS, TPC NO.GP1 42, TQ. BILAGI, DIST. BAGALKOTE-587201. …PETITIONERS (BY SRI. AVINASH A.UPLAONKAR, ADVOCATE) AND: THE GOVERNMENT OF KARNATAKA DEPARTMENT OF AGRICULTURE, THROUGH FERTILIZER INSPECTOR CUM ASSISTANT DIRECTOR OF AGRICULTURE, BILAGI, TQ. BILAGI, DIST. BAGALKOTE, NOW REPRESENTED BY ADDL. SPP, HIGH COURT OF KARNATAKA, DHARWAD BENCH-580011. …RESPONDENT (BY SRI. T.HANUMAREDDY, ADDL. GOVT. ADVOCATE) - 4 - NC: 2025:KHC-D:2125 CRL.P No. 100480 of 2025 C/W CRL.P No. 100504 of 2025 CRL.P No. 100506 of 2025 THIS CRIMINAL PETITION IS FILED U/S 482 OF CR.P.C. (528 OF BNSS), PRAYING TO EXERCISE INHERENT POWERS U/S 528 OF BNSS, EXAMINE THE RECORDS AND QUASH THE TAKING COGNIZANCE IN CC NO.50/2024 DATED 02.03.2024, FOR THE OFFENCES PUNISHABLE U/O.19(b) OF FERTILIZER (CONTROL) ORDER 1985 AND U/S 3 AND 7 OF ESSENTIAL COMMODITIES ACT 1955, PENDING BEFORE THE CIVIL JUDGE & JMFC COURT AT BILAGI, DIST.BAGALKOT, AGAINST PETITIONERS/ACCUSED NO.1 TO 5. IN CRL.P. NO. 100506 OF 2025: BETWEEN: 1. MAHAVEER PAYAPPANAVAR M/S MAHAVEER AGRO CENTER, NEAR A.P.M.C. BEHIND PETROL BUNK, HUBALI-KARWAR ROAD, KALAGHATAGI, DIST. DHARWAD-590001. 2. NEERAJ YADAV ZUARI FARMHUD LTD RPRESENTATIVE 3RD FLOOR, PRESTIGE FEROZES NO.74, CUNNIGHAM ROAD, BANGALORE-560052. 3. ZUARI FARMHUB LIMITED COMPANY 3RD FLOOR PRESTIGE FEROZES NO.74, CUNNIGHAM ROAD, BANGALORE-560052, REPRESENTED BY ITS NEERAJ YADAV, ZUARI FARMHUB LTD REPRESENTATIVE 3RD FLOOR PRESTIGE FEROZES NO.74, CUNNIGHAM ROAD, BANGALORE-560052. 4. K.S.MULIMANI HELIOCON AGRO CHEMICALS LIMITED, PLOT NO.222, COTTON MARKET, NEHRU GUNJ, KALABURAGI-585104. …PETITIONERS (BY SRI. AVINASH A.UPLAONKAR, ADVOCATE) AND: THE STATE OF KARNATAKA DEPARTMENT OF AGRICULTURE - 5 - NC: 2025:KHC-D:2125 CRL.P No. 100480 of 2025 C/W CRL.P No. 100504 of 2025 CRL.P No. 100506 of 2025 THROUGH FERTILIZER INSPECTOR AND ASSISTANT DIRECTOR OF AGRICULTURE, DHARWAD, REPRESENTED BY ADDL SPP, HIGH COURT OF KARNATAKA, DHARWAD BENCH-580011. …RESPONDENT (BY SRI. PRAVEENA Y.DEVAREDDIYAVARA, HCGP) THIS CRIMINAL PETITION IS FILED U/S 482 OF CR.P.C. (528 OF BNSS), PRAYING TO EXERCISE INHERENT POWERS U/S 528 OF BNSS, EXAMINE THE RECORDS AND QUASH THE TAKING COGNIZANCE IN CC NO.981/2024 DATED 04.07.2024, FOR THE OFFENCES PUNISHABLE U/S 3 AND 7 OF ESSENTIAL COMMODITIES ACT 1955, PENDING BEFORE THE CIVIL JUDGE AND JMFC COURT AT KALAGHATAGI, AGAINST THE PETITIONERS/ACCUSED NO.1 TO 4. THESE PETITIONS, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: THE HON'BLE MR JUSTICE HEMANT CHANDANGOUDAR ORAL ORDER 1. Since the issue involved in these petitions is similar, they are taken up together, heard, and disposed of by this common order. 2. The petitioners in these petitions challenge the cognizance taken by the learned Magistrate for offences punishable under Sections 3 and 7 of the Essential Commodities Act, 1955, and Rule 28(1)(a) and Rule 4 of the Fertilizer (Control) Order, 1985. 3. The respondent-State filed a private complaint under Section 200 of the Code of Criminal Procedure, 1973, alleging that upon inspection of the premises, samples of fertilizers manufactured by the company were collected and sent for analysis. - 6 - NC: 2025:KHC-D:2125 CRL.P No. 100480 of 2025 C/W CRL.P No. 100504 of 2025 CRL.P No. 100506 of 2025 The analyst, after examination, submitted a report stating that the fertilizer in question did not meet the prescribed specifications. 4. Heard the learned counsel for the petitioners and the learned Additional Government Advocate for the respondent-State. 5. The petitioners’ primary contention is that the compliance officer of the company, which manufactured the subject fertilizer, has not been arrayed as an accused. 6. Rule 24 of the Fertilizer (Control) Order, 1985, states as follows: “24. “Manufacturers/importers/pool handling agencies to appoint officers responsible for compliance with the order. i) Every manufacturing organization, importer, and pool handling agency shall appoint, in consultation with the Central Government, an officer who shall be responsible for compliance with the provisions of this Order.” 7. In the present case, the petitioners are dealers and directors of the company, but they are neither responsible for quality control nor for the manufacturing of fertilizers. The responsibility of ensuring compliance with the provisions of the Control Order, 1985, lies with the compliance officer, who is appointed in consultation with the Central Government. Therefore, the petitioners cannot be prosecuted for alleged contraventions of the Control Order, 1985. - 7 - NC: 2025:KHC-D:2125 CRL.P No. 100480 of 2025 C/W CRL.P No. 100504 of 2025 CRL.P No. 100506 of 2025 8. In light of the above, the continuation of criminal proceedings against the petitioners would amount to an abuse of the process of law. 9. Accordingly, these petitions are allowed, and the impugned proceedings in CC No.9/2024, on the file of the learned Civil Judge and JMFC, Haliyal; in CC No.50/2024 on the file of Civil Judge and JMFC, Bilagi, Dist: Bagalakot; and in CC No.981/2024 on the file of the learned Civil Judge and JMFC, Kalaghatagi, insofar as these petitioners are concerned, are hereby quashed. Pending applications, if any, are disposed of as not surviving for consideration. Sd/- (HEMANT CHANDANGOUDAR) JUDGE JTR Ct:vh List No.: 1 Sl No.: 20