- 1 - NC: 2025:KHC-D:1138 CRL.P No. 102641 of 2024 IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH DATED THIS THE 22ND DAY OF JANUARY, 2025 BEFORE THE HON'BLE MR JUSTICE HEMANT CHANDANGOUDAR CRIMINAL PETITION NO. 102641 OF 2024 (482(Cr.PC)/528(BNSS)) BETWEEN: SHRI. MAHESH NAIK COMPLIANCE OFFICER, ZUARI AGRO CHEMICALS LTD (A), JAIKISAN BHAVAN, ZUARI NAGAR, GOA, (MANUFACTURER)-403726. …PETITIONER (BY SRI. M.J. PEERJADE, ADVOCATE) AND: SHRI. PRABHAKAR K. ITNAL FERTILIZER INSPECTOR AND AGRICULTURE OFFICER, DEPARTMENT OF AGRICULTURE, TQ. BAILHONGAL, DIST. BELAGAVI, (OFFICER REPRESENTING THE GOVERNMENT), R/BY. STATE PUBLIC PROSECUTOR, HIGH COURT OF KARNATAKA, BENCH DHARWAD. …RESPONDENT (BY SRI. T. HANUMAREDDY, ADDL. GOVT. ADVOCATE) THIS CRIMINAL PETITION IS FILED U/S 482 OF CR.P.C., SEEKING TO THAT THE COMPLAINT THE CRIMINAL CASE NO.1010/2018 PENDING ON THE FILE OF CIVIL JUDGE AND JMFC COURT KITTUR AS AGAINST THE PETITIONER/ACCUSED NO.1 OF THE OFFENCE UNDER CLAUSE 19 (3 AND 7) F.C.O. 1985 R/W U/S 7 (i)(a)(ii) OF THE ESSENTIAL COMMODITIES ACT 1955 BE KINDLY QUASHED. THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: THE HON'BLE MR. JUSTICE HEMANT CHANDANGOUDAR B K MAHENDRAKUMAR Digitally signed by B K MAHENDRAKUMAR Location: HIGH COURT OF KARNATAKA DHARWAD BENCH Date: 2025.01.25 11:20:47 +0530 - 2 - NC: 2025:KHC-D:1138 CRL.P No. 102641 of 2024 ORAL ORDER 1. The petitioner/accused No.1 challenges the cognizance taken by the learned Magistrate for the offences punishable under Sections 3 and 7 of the Essential Commodities Act, 1955. 2. The respondent filed a private complaint under Section 200 of the Code of Criminal Procedure, 1973, alleging that, during an inspection of the proprietorship concern, Shri Gangamatha Fertilizers, he collected samples of fertilizers manufactured by Zuari Agro Chemicals Ltd. and sent them to the Fertilizer Control Laboratory, Belagavi. The Laboratory subsequently issued a report opining that the fertilizers manufactured by Zuari Agro Chemicals Ltd. did not meet the required specifications. 3. Heard the learned counsel for the petitioner and the learned Additional Government Advocate for the respondent/State. 4. The petitioner/accused No.1 is the Chief Manager of the company that manufactured the subject fertilizers. Section 2(a) of the Fertilizer (Control) Order, 1985, defines “Act” as the Essential Commodities Act, 1955. Section 10 of the Act specifies that, in cases where the person contravening an order made under Section 3 is a company, every person who, at the time of the contravention, was in charge of and responsible for the conduct of the company’s business, as well as the company itself, shall be deemed guilty of the contravention and shall be liable to be prosecuted and punished accordingly. Therefore, to hold an officer of a company vicariously liable under Section 10 of the Act, the company must be arrayed as an accused. - 3 - NC: 2025:KHC-D:1138 CRL.P No. 102641 of 2024 5. In the present case, as the company has not been arrayed as an accused, the petitioner cannot be held vicariously liable for the alleged offences under Sections 3 and 7 of the Essential Commodities Act, 1955. Accordingly, I pass the following: ORDER i. Criminal Petition is allowed. ii. The impugned proceedings in C.C. No.1010/2018 pending on the file of the Civil Judge and JMFC, Kittur insofar it relates to the petitioner-accused No.1 is hereby quashed. Sd/- (HEMANT CHANDANGOUDAR) JUDGE JTR Ct:vh List No.: 1 Sl No.: 16