- 1 - NC: 2025:KHC-D:3292 CRL.P No. 102502 of 2022 IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH DATED THIS THE 18TH DAY OF FEBRUARY, 2025 BEFORE THE HON'BLE MR. JUSTICE M.NAGAPRASANNA CRIMINAL PETITION NO.102502 OF 2022 (482(Cr.PC)/528(BNSS)) BETWEEN: 1. SHRI MAHANTESH S/O. MALLANNA NAGARAL, AGE: 38 YEARS, OCC: PROPRIETOR OF SHRI VIJAY AGRO HUNGUND, R/O: 343/14 (WARD NO.5) NAVANAGAR, NH13, PETROL BUNK, HUNGUND, DIST: BAGALKOT – 587 118. 2. MANAGING DIRECTOR, PL AGRO TECHNOLOGIES LTD., REP.BY A.SHANKAR, 146, KILAVALAM VILLAGE, MADURANTHAKAM TALUK, CHENGALAPATTU DISTRICT, TAMILANADU – 603 303. …PETITIONERS (BY SRI S. S. BADAWADAGI, ADVOCATE) AND: THE STATE OF KARNATAKA, THROUGH AGRICULTURE OFFICERS RAITHA SAMPARKA KENDRA, HUNGUND, NOW R/BY STATE PUBLIC PROSECUTOR, HIGH COURT OF KARNATAKA DHARWAD, BENCH AT DHARWAD – 580 011. …RESPONDENT (BY SRI SHARAD V. MAGADUM, AGA) THIS CRIMINAL PETITION IS FILED U/S 482 OF CR.P.C., SEEKING TO QUASH THE ENTIRE CRIMINAL PROCEEDINGS IN CC NO.1201/2022 PENDING ON THE FILE OF PRINCIPAL CIVIL JUDGE AND JMFC HUNGUND REGISTERED FOR THE OFFENCE PUNISHABLE Digitally signed by VISHAL NINGAPPA PATTIHAL Location: High Court of Karnataka, Dharwad Bench - 2 - NC: 2025:KHC-D:3292 CRL.P No. 102502 of 2022 U/S 7(1)A (I AND II) OF ESSENTIAL COMMODITIES ACT 1955, THE ORDER SHEET MARKED AT ANNEXURE-A AND ETC., THIS CRIMINAL PETITION, COMING ON FOR FURTHER HEARING, THIS DAY, ORDER WAS MADE THERIEN AS UNDER: ORAL ORDER (PER: THE HON'BLE MR. JUSTICE M.NAGAPRASANNA) 1. The petitioners are before this Court calling in question proceedings in C.C.No.1201/2022 registered for offences punishable under Section 7(1)(a)(i and ii) the Essential Commodities Act, 1955 (for short “the Act”). 2. Heard the learned counsel Sri.Shivakumar S. Badawadagi appearing for petitioners and learned HCGP-Sri.Sharad V. Magadum appearing for respondent. 3. Facts in brief germane are as follows: A complaint comes to be registered on 17.09.2021. On an inspection that of the stores of the petitioners that they were selling fertilizers of particular companies of Germany without having appropriate license to sell those fertilizers. Therefore the crime comes to be registered against these petitioners for the offences punishable under Section 7(1)(a)(i and ii) of the Act. Learned Magistrate - 3 - NC: 2025:KHC-D:3292 CRL.P No. 102502 of 2022 takes cognizance of the offence after registration with a complaint and issue summons to these petitioners. Issuance of summons is what is driven the petitioners to this Court in the subject petition. 4. Learned counsel for the petitioners Sri.Shivakumar Badawadagi taking this Court through the complaint so registered would seek to contend that the only allegation against these petitioners are that they did not have license to sell the fertiliser as observed. This is the purport of Section 7(1)(a)(i and ii) of the Act. Learned counsel for the petitioner submits that both the petitioners did have license to sell the said commodity. Therefore the very complaint registered is erroneous. 5. Learned AGA again on verification of the records would admit the fact that the petitioners did have license to sell for organic fertilizers, bio-fertilizers and etc., and both the product which would come under the license that was granted to the petitioners to sell those fertilizers. Learned AGA on further instructions would submit that the - 4 - NC: 2025:KHC-D:3292 CRL.P No. 102502 of 2022 license of the petitioners was valid up to 2020 and for one year from 2020 owing to COVID-19 license was not renewed, but immediately thereafter for the year 2022 license has renewed and is subsisting even today. 6. At the time of inspection conducted on the outlet of the petitioners, the license was subsisting as it had been renewed in the year 2022. Sole reason for registration of the crime being license not being in place belied by the very act of renewal of license in the year 2022. If further proceedings are permitted to continue it would become and an abuse of the process of the law and resulted in miscarriage of justice. 7. For the aforesaid reasons the following: ORDER (a) The petition allowed (b) The proceedings in C.C. No.1201/2022 pending on the file of the Prl.Civil Judge and JMFC Hungund registered for the - 5 - NC: 2025:KHC-D:3292 CRL.P No. 102502 of 2022 offences punishable under Section 7(1)(a)(i and ii) of the Essential Commodities Act, 1955 stand quashed qua petitioners herein. Sd/- (M.NAGAPRASANNA) JUDGE RHR/CT-ASC List No.: 1 Sl No.: 118