- 1 - HC-KAR NC: 2025:KHC-D:11817 CRL.P No. 102790 of 2025 IN THE HIGH COURT OF KARNATAKA, AT DHARWAD DATED THIS THE 11TH DAY OF SEPTEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE S.VISHWAJITH SHETTY CRIMINAL PETITION NO. 102790 OF 2025 (482(CR.PC)/528(BNSS)) BETWEEN: 1. BASAVESHWARA AGRO AGENCIES, APMC YARD, AMARGOLA, HUBBALLI-580 031, R/BY ITS PARTNER, SRI. PRABHUDEV S. PATIL. 2. SRI. PRABHUDEV S. PATIL, PARTNERS, BASAVESHWARA AGRO AGENCIES, A.P.M.C. YARD, AMARGOL, HUBBALLI-580 031. 3. GREENSTAR FERTILIZERS LTD., #315, GANJAM, 1ST FLOOR, 14TH CROSS, 9TH MAIN, 2ND BLOCK, JAYANAGAR-560 001, BENGALURU, R/BY ITS SENIOR MANAGER, K. RAJA S/O. R. KOTHANDARAMANN, AGE. 51 YEARS, OCC. SENIOR MANAGER. 4. T. BALACHANDAR, GREENSTAR FERTILIZERS LTD., A-25, SPIC NAGAR, MUTHAIAHPURAM POST, TUTICORIN-628 005, TAMILNADU, AND #315, GANJAM, 1ST FLOOR, RAKESH S HARIHAR Digitally signed by RAKESH S HARIHAR Location: HIGH COURT OF KARNATAKA DHARWAD BENCH - 2 - HC-KAR NC: 2025:KHC-D:11817 CRL.P No. 102790 of 2025 14TH CROSS, 9TH MAIN, 2ND BLOCK, JAYANAGAR, BENGALURU-560 011. … PETITIONERS (BY SRI. AVINASH A. UPLAONKAR, ADVOCATE) AND: THE STATE OF KARNATAKA, DEPARTMENT OF AGRICULTURE, ASSISTANT DIRECTOR OF AGRICULTURE, SHRI VISHWAVIRATA VITHAL RAO, (JARIDAL-2) OFFICE OF JOINT DIRECTOR OF AGRICULTURE, DHARWAD, R/BY STATE PUBLIC PROSECUTOR, HIGH COURT OF KARNATAKA, DHARWAD BENCH-580 011. … RESPONDENT (BY SMT. GIRIJA S. HIREMATH, HCGP) THIS CRIMINAL PETITION IS FILED UNDER SECTION 482 OF CR.P.C. (UNDER SECTION 528 OF BNSS), PRAYING TO EXERCISE INHERENT POWERS UNDER SECTION 528 BNSS, EXAMINE THE RECORDS AND QUASH THE PROCEEDINGS DATED 25.05.2023 IN C.C. NO.916/2023 (PRIVATE COMPLIANT NO.38/2023), FOR THE OFFENCE PUNISHABLE UNDER SECTION 8(II) OF FERTILIZERS CONTROL ACT, 1985 AND SECTION 3 R/W SECTION 7 OF ESSENTIAL COMMODITIES ACT 1955, PENDING BEFORE THE COURT OF THE III ADDITIONAL SENIOR CIVIL AND JMFC JUDGE, HUBBALLI, AGAINST THE PETITIONERS/ACCUSED NO.1 TO 4, IN THE INTEREST OF JUSTICE AND EQUITY. THIS PETITION, COMING ON FOR ORDERS THIS DAY, ORDER IS MADE THEREIN AS UNDER: - 3 - HC-KAR NC: 2025:KHC-D:11817 CRL.P No. 102790 of 2025 ORAL ORDER (PER: THE HON'BLE MR. JUSTICE S.VISHWAJITH SHETTY) 1. Accused nos.1 to 4 are before this Court under Section 528 of BNSS, 2023, with a prayer to quash the entire proceedings in C.C.No.916/2023 arising out of P.C.R.No.38/2023 pending before the Court of III Addl. Senior Civil Judge & JMFC, Hubballi, registered for the offences punishable under Section 8(ii) of Fertilizers Control Act, 1985 and Section 3 read with 7 of Essential Commodities Act, 1955. 2. Heard the learned Counsel for the parties. 3. The allegation in the private complaint that is filed by the respondent herein before the jurisdictional Court of Magistrate is that when the complainant had visited the shop of accused nos.1 & 2 and inspected the fertilizer stock in their shop, it was found that the label on the fertilizer bag was printed as ‘100% Water Soluble Fertilizer’, instead of ‘100% Water Soluble Mixture Fertilizer’, and it is under these circumstances, a private complaint was filed against accused nos.1 to 4. - 4 - HC-KAR NC: 2025:KHC-D:11817 CRL.P No. 102790 of 2025 4. It is not in dispute that the product in question which was inspected in the shop of accused no.1 is manufactured by accused no.3-company and it is also not in dispute that accused no.4 is the Compliance Officer of the said company. 5. Section 3 of the Essential Commodities Act provides for powers to control production, supply, distribution etc., of essential commodities and Section 7 of the said Act provides for punishment to a person who contravenes any order made under Section 3 of the said Act. 6. The Fertilizers (Inorganic, Organic or Mixed) Control Order, 1985, which has come into force from 25.09.1985, has been issued in exercise of the powers conferred under Section 3 of the Essential Commodities Act. 7. A reading of the provisions of aforesaid Control Order of 1985 clearly goes to show that the company as well as the Officer who is appointed under Clause 24 of the aforesaid Order are liable to be prosecuted if it is found that they have contravened any orders passed under Section 3 of the Essential - 5 - HC-KAR NC: 2025:KHC-D:11817 CRL.P No. 102790 of 2025 Commodities Act. Therefore, I do not find any good ground to entertain this petition so far as accused nos.3 & 4 are concerned. 8. So far as accused nos.1 & 2 are concerned, they are the owners of the retail shop in which the product of accused no.3- company was kept for sale. They are persons who do not have control over the manufacturing process of the product. 9. In the case of Devanand & another Vs State of Karnataka - Crl.P.No.200937/2024, disposed of on 01.02.2025, under similar circumstances, this Court has held that the owners of a retail shop or show room cannot be prosecuted for the offences punishable under the Insecticides Act, because they do not have control over the manufacturing process of the product by the company. The same analogy would apply to accused nos.1 & 2 in the present case, and therefore, I am of the opinion that the prayer made in this petition in so far as it relates to accused nos.1 & 2 needs to be granted. Accordingly, the following order: 10. Petition is allowed in part. Petition is allowed in so far as petitioner nos.1 & 2 herein. The entire proceedings in C.C.No.916/2023 arising out of P.C.R.No.38/2023 pending before - 6 - HC-KAR NC: 2025:KHC-D:11817 CRL.P No. 102790 of 2025 the Court of III Addl. Senior Civil Judge & JMFC, Hubballi, registered for the offences punishable under Section 8(ii) of Fertilizers Control Act, 1985 and Section 3 read with 7 of Essential Commodities Act, 1955, as against petitioner nos.1 & 2 stands quashed. Petition is dismissed as against petitioner nos.3 & 4. Sd/- (S.VISHWAJITH SHETTY) JUDGE KK CT:BCK LIST NO.: 1 SL NO.: 20