- 1 - HC-KAR NC: 2025:KHC-D:10224 CRL.P No. 102802 of 2025 IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH DATED THIS THE 13TH DAY OF AUGUST, 2025 BEFORE THE HON'BLE MR. JUSTICE S.VISHWAJITH SHETTY CRIMINAL PETITION NO. 102802 OF 2025 (482(CR.PC)/528(BNSS)) BETWEEN: 1. SHRI SHIVARAJ B.G., RESPONSIBLE OFFICER, M/S NAMMA GROMMER CENTRE, COROMANDALA INTERNATIONAL LTD., KADHIPUDI COMPLEX, MAIN ROAD, NEARBY POST KAVERI, NO.17/33, 139, M.G. ROAD, HAVERI-581 110, PERMANENT ADDRESS 2ND CROSS, MARUTHI NAGAR, RANEBENNUR TOWN, HAVERI DISTRICT, RANEBENNUR-581 115. 2. BASAVARAJ S. BANKAR, RETAIL STORE MANAGER, M/S NAMMA GROMMER CENTRE, COROMANDALA INTERNATIONAL LTD., KADHIPUDI COMPLEX, MAIN ROAD, NEARBY POST KAVERI, NO.17/33, 139, M.G. ROAD, HAVERI-581 110, PERMANENT ADDRESS KOLLENOOR GRAMA, HAVERI DISTRICT. 3. SHRI. SHRIDHAR METTI, SALES OFFICER, INDIAN POTASH LTD., C/O. SAINTH TRADERS, NO.189-190, SINDHE COMPLEX, NELLANGINA ROAD, HUBBALLI-580 029. 4. SHRI. PANKAJ KUMAR BANSAL, CHAIRMAN, MANAGING DIRECTOR, RAKESH S HARIHAR Digitally signed by RAKESH S HARIHAR Location: HIGH COURT OF KARNATAKA DHARWAD BENCH - 2 - HC-KAR NC: 2025:KHC-D:10224 CRL.P No. 102802 of 2025 NATIONAL COOPERATIVE DEV. COORPORATION, 4, SIRI INSTITUTIONAL AREA HAUZ KHAS, NEW DELHI-110 017. 5. DR. U.S. AWASTHI, MANAGING DIRECTOR, M/S INDIAN FARMERS FERTILIZERS COOPERATIVE LIMITED, IFFCO SADAN, CI DIST CENTRE, SAKET PLACE, NEW DELHI-110 017. 6. SHRI. RAKESH KAPUR, JOINT MANAGING DIRECTOR, M/S. INDIAN FARMERS FERTILIZERS, COOPERATIVE LIMITED, IFFCO SADAN, CI DIST CENTRE, SAKET PLACE, NEW DELHI-110 017. 7. SHRI PREM CHANDRA MUNSHI, DIRECTOR, M/S. INDIAN FARMERS FERTILIZERS COOPERATIVE LIMITED, IFFCO SADAN, CI DIST CENTRE, SAKET PLACE, NEW DELHI-110 017. 8. SHRI DILEEP SANGHANI, CHAIRMAN, M/S. GUJARAT STATE COOPERATIVE MARKETING FEDERATION LIMITED, SHAKAR BHAVAN, 49/SHRIMALI SOCIETY, OPP. NAVARANGPURA POLICE STATION, NAVARANGPURA, AHEMDABAD-380 009. 9. SHRI U. SARAVANAN, CHAIRMAN AND MANAGING DIRECTOR, M/S. MADARAS FERTILIZERS LIMITED, MANALI, CHENNAI-60068. 10. SHRI MUKESH PURI, MANAGING DIRECTOR, M/S. GUJARAT STATE FERTILIZERS AND CHEMICAL LIMITED, P O FERTILIZERS NAGAR, DIST. BARODA, GUJARAT-391 750. 11. DR. SUNIL KUMAR SINGH, CHAIRMAN, M/S. BIHAR STATE COOPERATIVE MARKETING UNION LIMITED, 1ST FLOOR, - 3 - HC-KAR NC: 2025:KHC-D:10224 CRL.P No. 102802 of 2025 BISCOMAUN BHAWAN, WEST GANDHI MAIDAN, PATNA-800 001. 12. DR. M.V. RAO, MANAGING DIRECTOR, THE WEST BENGAL COOPERATIVE MARKETING FEDERATION LTD., SOUTHEND CONCLAVE, 3RD FLOOR, 1582, RAJDANGA MAIN ROAD, KOLKATA-700 107. 13. SHRI SUDHAKAR BAPURAO TELANG, MANAGING DIRECTOR, M/S. MAHARASTRA STATE COOPERATIVE MARKETING FEDERATION LTD., SOUTHEND, HOUSE, NARSI NATHA STREET, MASJID BANDAR, MUMBAI-400 009. 14. SHRI. PRADYUMNA P.S., MANAGING DIRECTOR, M/S. ANDHRA PRADESH STATE COOPERATIVE MARKETING FEDERATION LTD., #56-2-11, TO 4, PHASE-III, JAWAHAR AUTONAGAR, VIJAYAWADA-520 007. 15. SHRI A. SREENIVAS, MANAGING DIRECTOR, THE HARYANA STATE COOPERATIVE SUPPLY AND MARKETING FEDERATION LIMITED, HAFED CORPORATE OFFICE, SECTOR 5, PANCHKULA, HARYANA-134 109. 16. SHRI SUDHIR BHARGAVA NO.C-24, WEST END, CHANNAKYA PURI, NEW DELHI-110 021. 17. SHRI ARVIND KUMAR KADYAN, NO.B-2/A PASEHIM VIHAR, NEW DELHI-110 063. 18. MS. VANDANA CHANANA, B-5/6, SAFDARJUNG ENCLACE, AFRICA AVENUE, NEW DELHI-110 001. - 4 - HC-KAR NC: 2025:KHC-D:10224 CRL.P No. 102802 of 2025 DR. GIRISH KUMAR, AGE. 53 YEARS, OCC. CHIEF MANAGER (HR AND LEGAL), INDIAN POTASH LTD., SEETHAKATHI BUSINESS CENTER, 1ST FLOOR-684-690, ANNASALAI, CHENNAI-600 006, IS THE ONLY SIGNATORY IN PETITION AS HE IS AUTHORIZED PERSON TO REPRESENT ON BEHALF OF COMPANY. … PETITIONERS (BY SRI. AVINASH A. UPLAONKAR, ADVOCATE) AND: THE GOVERNMENT OF KARNATAKA, DEPARTMENT OF AGRICULTURE, R/BY VEERBHADRAPPA B.H., THROUGH ASSISTANT DIRECTOR OF AGRICULTURE, OFFICE OF THE ASSISTANT DIRECTOR OF AGRICULTURE, HAVERI, TQ. DIST. HAVERI, NOW 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 OF BNSS, EXAMINE THE RECORDS AND QUASH THE PROCEEDINGS IN CC.NO.68/2023, FOR THE OFFENCE PUNISHABLE UNDER SECTION 7 OF ESSENTIAL COMMODITIES ACT 1955, PENDING BEFORE THE PRINCIPAL CIVIL JUDGE AND JMFC COURT AT HAVERI, AGAINST THE PETITIONERS/ACCUSED NO.1 TO 18, IN THE INTEREST OF JUSTICE AND EQUITY. THIS PETITION, COMING ON FOR ADMISSION THIS DAY, ORDER IS MADE THEREIN AS UNDER: - 5 - HC-KAR NC: 2025:KHC-D:10224 CRL.P No. 102802 of 2025 ORAL ORDER (PER: THE HON'BLE MR. JUSTICE S.VISHWAJITH SHETTY) 1. Petitioners are before this Court under Section 482 of Cr.P.C. with a prayer to quash the entire proceeding in C.C.No.68 of 2023 pending before the Court of Principal Civil Judge and JMFC, Haveri, registered for offence punishable under Section 7 of the Essential Commodities Act, 1955. 2. Heard learned counsel for the parties. 3. Learned counsel for the petitioners submits that there is no compliance of Section 10 of the Essential Commodities Act. The Company has not been made as a party to the proceeding and in the absence of the Company, the petitioners, who are the employees of the Company, cannot be prosecuted for the alleged offence. 4. Learned HCGP has not seriously disputed the submission made by the learned counsel for the petitioners. - 6 - HC-KAR NC: 2025:KHC-D:10224 CRL.P No. 102802 of 2025 5. The allegation in the complaint is that, the fertilizers which were manufactured by accused Nos.3 to 18 were of substandard quality and the same was supplied to the Company known as ‘Koramangal International Limited, Haveri’. Accused Nos.1 and 2 allegedly had marketed the said substandard fertilisers manufactured by accused Nos.3 to 18. Accused Nos.3 to 18 are individuals who represent a Company in various capacity and undoubtedly the Company which has manufactured the substandard fertilizers has not been made as a party to the impugned criminal proceedings. Therefore, as rightly contended by learned counsel for the petitioners, there is no compliance of Section 10 of the Essential Commodities Act in the present case. 6. In the absence of the Company, its representative in any capacity cannot be prosecuted and such accused cannot be vicariously held liable for the act of the Company, in the absence of the Company being made as a party to the criminal proceedings. - 7 - HC-KAR NC: 2025:KHC-D:10224 CRL.P No. 102802 of 2025 7. In similar circumstances, this Court in Criminal Petition No.201260/2024 disposed off on 07.01.2025, has quashed the impugned criminal proceedings. Accused Nos.1 and 2 are the persons who allegedly had marketed substandard fertilizers which were manufactured by the Company. So far as the accused Nos.1 and 2 are concerned, there is no such allegation that they had any control over the manufacturing process of the product of the Company which allegedly has manufactured the substandard fertilizers. Under the circumstances, I am of the opinion that they cannot be prosecuted for the alleged offence. Accordingly, the following: ORDER i. Criminal petition is allowed. ii. The entire proceeding in C.C.No.68 of 2023 pending before the Court of Principal Civil Judge and JMFC, Haveri, registered for offence punishable under Section 7 of the Essential Commodities - 8 - HC-KAR NC: 2025:KHC-D:10224 CRL.P No. 102802 of 2025 Act, 1955, against the petitioners, is quashed. Sd/- (S.VISHWAJITH SHETTY) JUDGE KGK CT:BCK LIST NO.: 1 SL NO.: 79