- 1 - NC: 2025:KHC-D:3688 WP No. 101123 of 2025 IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH DATED THIS THE 24TH DAY OF FEBRUARY, 2025 BEFORE THE HON'BLE MR. JUSTICE HEMANT CHANDANGOUDAR WRIT PETITION NO. 101123 OF 2025 (GM-RES) BETWEEN: 1. KEERTHI ENTERPRISES DOOR NO. 128C, WARD NO. 21, SADSHIV NAGAR, SIRUGUPPA, BY ITS PROPRIETOR, MANJUNATH T. 2. M/S MALAPRABHA FERTILIZERS PVT. LTD GANDHI NAGAR, HALKRNI, KHANAPUR, DIST. BELAGAVI-591302, BY ITS MANAGING DIRECTOR, ALTAF H. SHAIKH. …PETITIONERS (BY SRI. SADIQ N.GOODWALA, ADVOCATE) AND: THE STATE OF KARNATAKA REPRESENTED BY SANJANA B., AGRICULTURE OFFICER AND FERTILIZER INSPECTOR, SIRUGUPPA, DIST. BALLARI-583121. …RESPONDENT (BY SRI. PRAVEENA Y.DEVAREDDIYAVARA, HCGP) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA R/W SEC. 482 OF Cr.P.C., PRAYING TO, QUASH ENTIRE PROCEEDINGS IN C.C.NO. 919/2023 PENDING ON THE FILE OF CIVIL JUDGE AND JMFC, SIRUGUPPA FOR THE OFFENCES PUNISHABLE U/SEC 19(3) OF FERTILIZER CONTROL ORDER, 1985 AND SECTION 7 OF EC ACT, 1955. THIS PETITION, COMING ON FOR ORDERS, 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: 2025.02.28 12:29:59 +0530 - 2 - NC: 2025:KHC-D:3688 WP No. 101123 of 2025 ORAL ORDER 1. The petitioners, who are facing trial for offences punishable under Section 19(3) of the Fertilizer Control Order, 1985, and Section 7 of the Essential Commodities Act, 1955, are before this Court seeking relief. 2. The respondent filed a private complaint under Section 200 of the Cr.P.C., alleging that during an inspection of the premises of petitioner No.1, samples of fertilizer stored there were sent to the Deputy Director of Agriculture, Fertilizer Control Laboratory, Dharwad, for analysis. The laboratory’s report stated that the sample of the subject fertilizer did not conform to the required specifications. 3. Heard the learned counsel for the petitioners and the learned Additional Government Advocate for the respondent–State. 4. The petitioners have placed on record the appointment letter issued by M/s. Malaprabha Fertilizers Pvt. Ltd., the manufacturer of the subject fertilizer, appointing a Compliance Officer as per Clause 24 of the Fertilizer Control Order. Clause 24 of the Fertilizer Control Order requires that every manufacturing organization, importer, and pool handling agency, in consultation with the Central Government, appoint an officer who is responsible for ensuring compliance with the provisions of the Order. 5. The Compliance Officer has not been arraigned as an accused. Moreover, the provisions of the Essential Commodities Act, 1955, that apply under Clause 24 of the Fertilizer Control - 3 - NC: 2025:KHC-D:3688 WP No. 101123 of 2025 Order, do not make the petitioners responsible for actions taken by the manufacturer. 6. Section 10 of the Essential Commodities Act, 1955, deals with offences committed by companies. It states that if a company contravenes an order made under Section 3, then every person who, at the time of the contravention, was in charge of or responsible for the conduct of the company’s business, as well as the company itself, shall be deemed guilty of the contravention. 7. In the instant case, neither the company nor the Compliance Officer has been arraigned as an accused, and therefore the petitioners cannot be held vicariously liable. Petitioner No.1 is a dealer of the fertilizer and not the manufacturer of the subject fertilizer. Consequently, the petitioners cannot be held responsible for manufacturing the subject fertilizer, which does not meet the required specifications. Under these circumstances, the continuation of criminal proceedings would amount to an abuse of the process of law. 8. Accordingly, the petition is allowed, and the impugned proceedings in C.C. No.919/2023, pending on the file of the learned Civil Judge and JMFC, Siruguppa, are hereby quashed. Sd/- (HEMANT CHANDANGOUDAR) JUDGE BKM Ct:vh