- 1 - NC: 2025:KHC-D:3026 CRL.P No. 100711 of 2025 IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH DATED THIS THE 14TH DAY OF FEBRUARY, 2025 BEFORE THE HON'BLE MR. JUSTICE HEMANT CHANDANGOUDAR CRIMINAL PETITION NO. 100711 OF 2025 (482(Cr.PC)/528(BNSS)) BETWEEN: SRI. MUNJUNATH R AGE. 44 YEARS, OCC. WORKING AS MANAGER, DIRECTOR IN FUTURE BIOTECH, R/O. SADUNAVAR ESTATE, DHARWAD. …PETITIONER (BY SRI. I.Y.PATIL, ADVOCATE) AND: SMT. UMA R. BYADIGI THE FERTILIZER INSPECTOR CUM AGRICUTLURAL OFFICER, HAUNSABHAVI (RSK), TQ. HIREKERUR, DIST. HAVERI, REP.BY THE STATE PUBLIC PROSECUTOR, 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), SEEKING TO, PASS AN ORDER TO QUASH ENTIRE CRIMINAL PROCEEDING INITIATED AGAINST THIS PETITIONER/ ACCUSED NO.1 IN CC NO.730/2022 FOR THE OFFENCE PUNISHABLE U/S 3 AND 7 OF ESSENTIAL COMMODITIES ACT ARISING OUT OF PCR NO.55/2021, WHICH IS PENDING BEFORE THE CIVIL JUDGE AND JMFC, HIREKERUR. 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 13:15:34 +0530 - 2 - NC: 2025:KHC-D:3026 CRL.P No. 100711 of 2025 ORAL ORDER 1. The learned Additional Government Advocate accepts notice for the respondent/State. 2. The petitioner/accused, who is being prosecuted for offences punishable under Sections 3 and 7 of the Essential Commodities Act, 1955, has approached this Court seeking relief. 3. The prosecution alleges that the subject fertilizers, manufactured by Future Biotech, a company incorporated under the Companies Act, 1956, are of sub-standard quality. 4. Heard the learned counsel for the petitioner and the learned Additional Government Advocate for the respondent/State. 5. A perusal of the complaint indicates that petitioner/accused No.1 is the Managing Director of Future Biotech, and accused No.2 is the Chief Executive Officer of the Society, where the subject fertilizers were seized and sent for analysis. However, the company itself has not been arrayed as an accused in the complaint. 6. The provisions of the Essential Commodities Act, 1955, are made applicable to the Fertilizers (Control) Order, 1985, as per Clause 2(a) of the said Order. Section 10 of the Essential Commodities Act states that if an offence is committed by a company, then every person who, at the time of the contravention, was in charge of and responsible for the conduct of its business, as well as the company itself, shall be deemed guilty of the - 3 - NC: 2025:KHC-D:3026 CRL.P No. 100711 of 2025 contravention. Therefore, in the absence of the company being arrayed as an accused in the complaint, the petitioner, as a retailer of the subject fertilizers, cannot be held guilty under Section 10 of the Essential Commodities Act, 1955. 7. Accordingly, the continuation of the impugned proceedings would amount to an abuse of the process of law. Hence, the following: ORDER i. Criminal Petition is allowed. ii. Impugned proceedings in C.C.No.730/2022 on the file of Civil Judge and JMFC., Hirekerur insofar as it relates to petitioner/accused No.1 is concerned is hereby quashed. iii. Pending applications, if any, are disposed of, as not surviving for consideration. Sd/- (HEMANT CHANDANGOUDAR) JUDGE JTR Ct:vh List No.: 1 Sl No.: 39