- 1 - NC: 2025:KHC-D:2454 CRL.P No. 100597 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. 100597 OF 2025 (482(Cr.PC)/528(BNSS)) BETWEEN: NINGANAGOUDA S/O. VEERABHADRAGOUDA PATIL, AGE. 65 YEARS, OCC. BUSINESS, SHRI GANGAMATA FERTILIZERS AND CHEMICALS DEALERS IN FERTILIZERS AND PESTICIDES ITAGI ROAD, HOSAKADROLLI, BELAGAVI-590001, TQ AND DIST. BELAGAVI. …PETITIONER (BY SRI. PRUTHVI K.S, ADVOCATE) AND: SHRI. PRABHAKAR K. ITNAL FERTILIZER INSPECTOR AND AGRICULTURAL OFFICER, DEPARTMENT OF AGRICULTURE, TQ. BAILHONGAL, DIST. BELAGAVI, (OFFICER REPRESENTING THE GOVERNMENT ) REPRESENTED BY STATE PUBLIC PROSECUTOR, HIGH COURT OF KARNATAKA, DHARWAD BENCH, DHARWAD-08. …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, ALLOW THIS PETITION AND QUASH THE ENTIRE PROCEEDINGS IN CC NO.1010/2018 PENDING ON THE FILE OF CIVIL JUDGE AND JMFC COURT KITTUR AS AGAINST THE PETITIONER/ACCUSED NO.2 FOR THE OFFENCE UNDER CLAUSE 19 (3 AND 7) FERTILIZER CONTROL ORDER 1985 R/W U//S 7(1) (A) (2) OF THE ESSENTIAL COMMODITIES ACT 1955. 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: 2025.02.11 15:51:40 +0530 - 2 - NC: 2025:KHC-D:2454 CRL.P No. 100597 of 2025 ORAL ORDER 1. The petitioner/accused No.2 challenges the cognizance taken by the learned Magistrate for the offences punishable under Sections 3 and 7 of the Fertilizer Control Order 1985 R/w Section 7(1)(A)(2) of the Essential Commodities Act, 1955. 2. The respondent filed a private complaint under Section 200 of the Code of Criminal Procedure, 1973, alleging that, during an inspection of the proprietorship concern, Shri Gangamatha Fertilizers, he collected samples of fertilizers manufactured by Zuari Agro Chemicals Ltd. and sent them to the Fertilizer Control Laboratory, Belagavi. The Laboratory subsequently issued a report opining that the fertilizers manufactured by Zuari Agro Chemicals Ltd. did not meet the required specifications. 3. Heard the learned counsel for the petitioner and the learned Additional Government Advocate for the respondent/State. 4. The petitioner/accused No.2 is the dealer of the subject fertilizers manufacture by the company. Section 2(a) of the Fertilizer (Control) Order, 1985, defines “Act” as the Essential Commodities Act, 1955. Section 10 of the Act specifies that, in cases where the person contravening an order made under Section 3 is a company, every person who, at the time of the contravention, was in charge of and responsible for the conduct of the company’s business, as well as the company itself, shall be deemed guilty of the contravention and shall be liable to be prosecuted and punished accordingly. Therefore, to hold an officer of a company - 3 - NC: 2025:KHC-D:2454 CRL.P No. 100597 of 2025 vicariously liable under Section 10 of the Act, the company must be arrayed as an accused. 5. In the present case, as the company has not been arrayed as an accused, the petitioner cannot be held vicariously liable for the alleged offences under Sections 3 and 7 of the Essential Commodities Act, 1955. 6. Accordingly, I pass the following: ORDER i. Criminal Petition is allowed. ii. The impugned proceedings in C.C. No.1010/2018 pending on the file of the Civil Judge and JMFC, Kittur insofar it relates to the petitioner-accused No.2 is hereby quashed. Sd/- (HEMANT CHANDANGOUDAR) JUDGE HR CT:VH List No.: 1 Sl No.: 76