- 1 - NC: 2025:KHC-D:2650 CRL.P No. 100508 of 2025 IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH DATED THIS THE 11TH DAY OF FEBRUARY, 2025 BEFORE THE HON'BLE MR JUSTICE HEMANT CHANDANGOUDAR CRIMINAL PETITION NO. 100508 OF 2025 (482(Cr.PC)/528(BNSS)) BETWEEN: 1. VENKARADDI GOVINDRADDI CHOUDARADDI AGE. 52 YEARS, OCC. OWNER OF SRINIVAS AGRO CENTRE, KONNUR, DIST. GADAG-582206. 2. M/S SMARTCHEM TECHONOLOGIES LTD. NO.706, IST FLOOR, 2ND STAGE, 9TH CROSS, MODI HOSPITAL ROAD, RAJAJI NAGAR, BANGALORE, REPRESENTED BY ITS YEKULA V S SESHAGIRI RAO, S/O. SH. YEKULA RATNAKAR RAO, AGE. 34 YEARS, OCC. SENIOR MANAGER, SMARTCHEM TECHNOLOGY LIMITED, RAJAJI NAGAR, BANGALORE-560003. …PETITIONERS (BY SRI. AVINASH A.UPLAONKAR, ADVOCATE) AND: THE STATE OF KARNATAKA DEPARTMENT OF AGRICULTURE, RFERTILIZER INSPECTOR CUM AGRICULTURE OFFICER KONNUR, REPRESENTED BY ADDL. SPP, HIGH COURT OF KARNATAKA, DHARWAD BENCH-580011. …RESPONDENT (BY SRI. ASHOK T.KATTIMANI, AGA) THIS CRIMINAL PETITION IS FILED U/S 482 OF CR.P.C. (528 OF BNSS), PRAYING TO, EXERCISE INHERENT POWERS U/S 482 OF CR.P.C. (528 OF BNSS), EXAMINE THE RECORDS AND QUASH THE TAKING COGNIZANCE IN CC NO.262/2023 DATED 31.01.2023, FOR THE OFFENCES PUNISHABLE U/S 7 OF ESSENTIAL COMMODITIES ACT 1955, PENDING BEFORE THE CIVIL JUDGE AND JMFC COURT NARGUND, DIST.GADAG, AGAINST THE PETITIONERS/ACCUSED NO.1 AND 2. Digitally signed by B K MAHENDRAKUMAR Location: HIGH COURT OF KARNATAKA DHARWAD BENCH Date: 2025.02.19 13:15:23 +0530 - 2 - NC: 2025:KHC-D:2650 CRL.P No. 100508 of 2025 THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: THE HON'BLE MR. JUSTICE HEMANT CHANDANGOUDAR ORAL ORDER 1. The Learned Additional Government Advocate has accepted notice on behalf of the respondent, the State. 2. The petitioner, who is sought to be prosecuted for offences under Section 7 of the Essential Commodities Act, 1955, is before this Court seeking relief. 3. Respondent No.2 filed a private complaint under Section 200 of the Cr.P.C., alleging that upon visiting the premises of Petitioner No.1, he discovered that the petitioner was selling Mahadhan Flowering Special by entering an incorrect name on the fertilizer tag, in contravention of Clause 19(C)(5) of the Fertilizer Control Order, 1985. 4. The issue in this petition is addressed by this Court’s decision in Crl.P.No.102495/2022 disposed of on 28.10.2022, wherein, in paragraph 7 of the ruling, it was held that Rule 24 of the Fertilizer (Control Order, 1985) requires every manufacturing organization, importer, and handling agency to appoint, in consultation with the Central Government, an officer responsible for compliance with the provisions of the Order. 5. In the instant case, Petitioner No.1, being a company, has duly appointed a Quality Control Officer to maintain the quality of its manufactured fertilizer. Similarly, Petitioner No.2, also a - 3 - NC: 2025:KHC-D:2650 CRL.P No. 100508 of 2025 company incorporated under the Companies Act, has appointed a Quality Control Officer. 6. Notably, the Quality Control Officer appointed under Rule 24 has not been named as an accused in these proceedings. 7. Accordingly, as the petitioners are not the designated officers responsible for ensuring compliance with the Fertilizer Control Order, 1985, they cannot be prosecuted for its contravention. 8. In view of the above, the criminal petition is allowed. The impugned proceedings in CC. No.262/2023 pending before the Civil Judge and JMFC Court, Nargund, District Gadag, insofar as they relate to Accused Nos.1 and 2, are hereby quashed. Sd/- (HEMANT CHANDANGOUDAR) JUDGE TIN Ct:vh List No.: 1 Sl No.: 24