- 1 - HC-KAR NC: 2025:KHC-D:11078 CRL.P No. 103163 of 2025 IN THE HIGH COURT OF KARNATAKA, AT DHARWAD DATED THIS THE 30TH DAY OF AUGUST, 2025 BEFORE THE HON'BLE MR. JUSTICE S.VISHWAJITH SHETTY CRIMINAL PETITION NO. 103163 OF 2025 (482(CR.PC)/528(BNSS)) BETWEEN: MR. RAHEED S/O UMARKAYYAM KAZI, AGE. 43 YEARS, OCC. BUSINESS, R/O. C/O. BELAGAVI POLY ORGANIC FERTILIZERS PVT. LTD., 1314, KANBARGI INDUSTRIAL ESTATE, AUTO NAGAR, NEAR TATA POWER PROJECT, TQ. AND DIST. BELAGAVI-590 015. … PETITIONER (BY SRI. SHADAB HASANSAB YADAWAD, ADVOCATE) AND: THE STATE OF KARNATAKA, FERTILIZER INSPECTOR AND AGRICULTURE OFFICER, AGRICULTURAL DEPARTMENT, BELAGAVI, REPRESENTED BY SPP, HIGH COURT BUILDING, DHARWAD-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, 2023), PRAYING TO ALLOW THIS PETITION AND QUASH THE ENTIRE PROCEEDINGS IN C.C. NO.712/2021 PENDING ON THE FILE OF II JMFC BELAGAVI UNDER SECTION 7(I)(A)(II) OF ESSENTIAL COMMODITIES ACT, AGAINST PETITIONER/ACCUSED NO.1, 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:11078 CRL.P No. 103163 of 2025 ORAL ORDER (PER: THE HON'BLE MR. JUSTICE S.VISHWAJITH SHETTY) 1. Accused No.1 is before this Court under Section 528 of the BNSS 2023, with a prayer to quash the entire proceedings in C.C.No.712 of 2021 pending before the Court of II JMFC, Belagavi for the offence punishable under Section 7(i)(a)(ii) of the Essential Commodities Act, 1955. 2. Heard learned counsel for the parties. 3. Learned counsel for the petitioner submits that, petitioner is the owner of a private company known as ‘Belagavi Poly Organic Fertilizer Private Limited, Kanbargi’, which allegedly had manufactured fertilisers, which was found to be of substandard quality. He submits that in the absence of the company being arrayed as an accused, petitioner cannot be prosecuted for the alleged offence punishable under Section 7(i)(a)(ii) of the Essential Commodities Act. - 3 - HC-KAR NC: 2025:KHC-D:11078 CRL.P No. 103163 of 2025 4. In support of his argument, he has referred to Section 10 of the Essential Commodities Act. 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: 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.” 5. From the reading of the aforesaid provision of law, it is very clear that, in the absence of the company - 4 - HC-KAR NC: 2025:KHC-D:11078 CRL.P No. 103163 of 2025 which has manufactured the fertiliser in question which is said to be of substandard quality, the petitioner who is said to be the owner of the company in which the fertilizer was manufactured cannot be prosecuted. The petitioner cannot be vicariously held liable for the act committed by the company, in the absence of the company as party to the case and therefore, the petitioner cannot be prosecuted for the alleged offence. Under the circumstances, the following: ORDER i. Criminal Petition is allowed. ii. The entire proceeding in C.C.No.712 of 2021 pending before the Court of II JMFC, Belagavi for the offence punishable under Section 7(i)(a)(ii) of the Essential Commodities Act, 1955 as against the petitioner is quashed. Sd/- (S.VISHWAJITH SHETTY) JUDGE KGK CT:BCK LIST NO.: 1 SL NO.: 94