- 1 - NC: 2025:KHC-D:2653 CRL.P No. 100556 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. 100556 OF 2025 (482(Cr.PC)/528(BNSS)) BETWEEN: SRI. KUMARSWAMY S/O. HUCHCHEERAYYA VASTRAD, AGE. 55 YEARS, OCC. OWNER OF VASTRAD AGENCIES, HANAMANAL, R/O. HANAMANAL, TQ. KUSHTAGI, DIST. KOPPAL-583280. …PETITIONER (BY SRI. HARISH S.MAIGUR, ADVOCATE) AND: SRI. MAHADEVA KARNATAKA SEEDS INSPECTOR AND ASST. AGRI. OFFICER, KUSHTAGI, TQ. KUSHTAGI, DIST. KOPPAL-583277, R/BY S.P.P., HIGH COURT BENCH, DHARWAD-580011. …RESPONDENT (BY SRI. T.HANUMAREDDY, AGA) THIS CRIMINAL PETITION IS FILED U/S 482 OF CR.P.C. (U/S. 528 OF BNSS, 2023) SEEKING TO ADMIT THE PETITION, CALL FOR THE RECORDS FROM COURT BELOW AND QUASH THE ORDER OF TAKING COGNIZANCE AND ISSUE OF PROCESS FOR THE OFFENCE P/U/SEC.7 OF THE ESSENTIAL COMMODITIES ACT ON THE FILE OF THE PRL. CIVIL JUDGE AND J.M.F.C. KUSHTAGI IN C.C.NO.21/2023 DATED 20.12.2022 AND CONSEQUENTLY QUASH THE COMPLAINT AGAINST THE PETITIONER HEREIN/ACCUSED NO.1. THIS PETITION, COMING ON FOR ADMISSION, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: THE HON'BLE MR. JUSTICE HEMANT CHANDANGOUDAR Digitally signed by B K MAHENDRAKUMAR Location: HIGH COURT OF KARNATAKA DHARWAD BENCH Date: 2025.02.19 13:15:25 +0530 - 2 - NC: 2025:KHC-D:2653 CRL.P No. 100556 of 2025 ORAL ORDER 1. The petitioner, Accused No.1—facing trial for the offence punishable under Section 7 of the Essential Commodities Act, 1955—is before this Court seeking relief. 2. The respondent filed a private complaint under Section 200 of the Cr.P.C., alleging that on 21.09.2019 he visited the shop of Accused No.1, collected a sample from a fertilizer bag, and sent the sample to an analyst for examination. The analyst’s report stated that the fertilizer sample was of substandard quality. 3. The Court has heard the submissions of the Learned Counsel for the petitioner and the Learned Additional Government Advocate for the respondent, the State. 4. A perusal of the complaint reveals that the petitioner/Accused No.1 is a retailer of fertilizer manufactured by Accused No.2, a company incorporated under the Companies Act. The petitioner is neither responsible for nor involved in the production and packaging of the fertilizer. Clause 24 of the Fertilizer (Inorganic, Organic, or Mixed) Control Order, 1985, mandates that every manufacturing organization, importer, and handling agency appoint, in consultation with the Central Government, an officer responsible for ensuring compliance with the provisions of the Order. 5. In the instant case, the petitioner’s company has appointed a Quality Control Officer to maintain the quality of the - 3 - NC: 2025:KHC-D:2653 CRL.P No. 100556 of 2025 fertilizer. Accordingly, the appointed officer is responsible for ensuring compliance with Rule 24 of the Fertilizer (Control) Order, 1985. As the petitioner is neither the manufacturer nor the cognizant officer charged with ensuring compliance with the Order, he cannot be held liable for any contravention thereof. 6. Under these circumstances, the continuation of the criminal proceedings against the petitioner/Accused No.1 would amount to an abuse of the process of law. 7. In view of the foregoing, the petition is allowed. The impugned proceedings in C.C. No.21/2023 on the file of the Principal Civil Judge and JMFC, Kushtagi, insofar as they relate to Accused No.1, are hereby quashed. The trial court is directed to proceed against Accused No.2 in accordance with law. Sd/- (HEMANT CHANDANGOUDAR) JUDGE TIN Ct:vh List No.: 1 Sl No.: 43