- 1 - HC-KAR NC: 2025:KHC-D:12944 CRL.P No. 102148 of 2023 IN THE HIGH COURT OF KARNATAKA, AT DHARWAD DATED THIS THE 23RD DAY OF SEPTEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE S.VISHWAJITH SHETTY CRIMINAL PETITION NO. 102148 OF 2023 (482(CR.PC)/528(BNSS)) BETWEEN: SHRI SHAILESH SHANTARAM NARVEKAR, MANAGER QUALITY CONTROL AND COMPLIANCE OFFICER, ZUARI AGRO CHEMICALS LTD. JAIKISAN BHAVAN, ZUARI NAGAR, GOA-403 726. … PETITIONER (BY SRI. M.J. PEERJADE, ADVOCATE) AND: B. MAHAMMAD HARUN RASHID, THE STATE OF KARNATAKA, THROUGH FERTILIZER INSPECTOR, ASSISTANT DIRECTOR OF AGRICULTURE (MASTER OF SUBJECT) AND OFFICE OF THE JOINT DIRECTOR OF AGRICULTURE, R/BY S.P.P., HIGH COURT OF KARNATAKA, BENCH DHARWAD. … RESPONDENT (BY SMT. GIRIJA S. HIREMATH, HCGP) THIS CRIMINAL PETITION IS FILED UNDER SECTION 482 OF CR.P.C., PRAYING TO COMPLAINT AND CHARGE SHEET SUBMITTED IN C.C. NO.935/2022 OF THE OFFENCES PUNISHABLE UNDER SECTION 7 OF THE ESSENTIAL COMMODITIES ACT 1956, PENDING BEFORE THE ADDL. CIVIL JUDGE AND J.M.F.C. COURT GANGAVATHI, DISTRICT KOPPAL AGAINST THE PETITIONER/ACCUSED NO.2 BE KINDLY QUASHED, IN THE INTEREST OF JUSTICE. THIS PETITION COMING ON FOR ADMISSION, THIS DAY, ORDER IS MADE THEREIN AS UNDER: RAKESH S HARIHAR Digitally signed by RAKESH S HARIHAR Location: HIGH COURT OF KARNATAKA DHARWAD BENCH - 2 - HC-KAR NC: 2025:KHC-D:12944 CRL.P No. 102148 of 2023 ORAL ORDER (PER: THE HON'BLE MR. JUSTICE S.VISHWAJITH SHETTY) 1. Accused No.2 is before this Court under Section 482 of Cr.P.C., with a prayer to quash the entire proceedings in CC No.935/2022 pending before the Court of Addl. Civil Judge and JMFC, Gangavati, arising out of PCR No.293/2021 registered for the offence punishable under Section 7 (i)(a)(ii) of the Essential Commodities Act, 1955, as against him. 2. Heard the learned counsel for the petitioner and the learned HCGP for the respondent. 3. Learned counsel for the petitioner submits that allegation in the complaint is that the fertilizer which was manufactured in the Company known as ‘Zuari Agro Chemicals Limited’, Goa, was found to be of sub-standard quality. The petitioner is working as a Manager in the said company. In the absence of the company being arrayed as party to the impugned proceedings, petitioner cannot be prosecuted for the alleged offences in view of Section 10 of the Essential Commodities Act, 1955. 4. Per contra, learned HCGP has opposed the petition. - 3 - HC-KAR NC: 2025:KHC-D:12944 CRL.P No. 102148 of 2023 5. Perusal of the averments found in the private complaint filed against accused Nos.1 and 2 which has resulted in the impugned criminal proceedings in CC No.935/2022 would go to show that allegation in the private complaint is that the fertilizer manufactured in the company known as ‘Zuari Agro Chemicals Limited’ was found to be of sub-standard quality. Accused No.1 is the owner of the retail shop in which the fertilizer in question was kept for sale and accused No.2 is the Manager of the company, which has manufactured the fertilizer in question, which was found to be of sub-standard quality. 6. Section 10 of the Essential Commodities Act, 1955, reads as follows:- “10. Offences by companies.―(1) If the person contravening an order made under section 3 is a company, every person who, at the time the contravention was committed, was in charge of, and was responsible to, the company for the conduct of the business of the company as well as the company, shall be deemed to be guilty of the contravention and shall be liable to be proceeded against and punished accordingly: - 4 - HC-KAR NC: 2025:KHC-D:12944 CRL.P No. 102148 of 2023 Provided that nothing contained in this sub- section shall render any such person liable to any punishment if he proves that the contravention took place without his knowledge or that he exercised all due diligence to prevent such contravention. (2) Notwithstanding anything contained in sub- section (1), where an offence under this Act has been committed by a company and it is proved that the offence has been committed with the consent or connivance of, or is attributable to any neglect on the part of any director, manager, secretary or other officer of the company, such director, manager, secretary or other officer shall also be deemed to be guilty of that offence and shall be liable to be proceeded against and punished accordingly. Explanation.―For the purposes of this section,― (a) “company” means any body corporate, and includes a firm or other association of individuals; and (b) “director” in relation to a firm means a partner in the firm.” 7. Petitioner is being held vicariously liable to the act committed by the company and therefore, in view of Section 10 of the Essential Commodities Act, 1955, in the absence of the - 5 - HC-KAR NC: 2025:KHC-D:12944 CRL.P No. 102148 of 2023 Company being arrayed as accused to the proceedings, the petitioner, who is an employee of the Company cannot be prosecuted for the alleged offences. Under the circumstances, the following order:- 8. The Criminal Petition is allowed. The entire proceedings in CC No.935/2022 pending before the Court of Addl. Civil Judge and JMFC, Gangavati, arising out of PCR No.293/2021 registered for the offence punishable under Section 7 (i)(a)(ii) of the Essential Commodities Act, 1955, is hereby quashed, as against the petitioner. 9. In view of the disposal of the main petition, pending interlocutory application if any, does not survive for consideration. Hence, disposed of. Sd/- (S.VISHWAJITH SHETTY) JUDGE DN CT:BCK LIST NO.: 1 SL NO.: 32