- 1 - HC-KAR NC: 2025:KHC-K:5139 CRL.P No. 200735 of 2025 IN THE HIGH COURT OF KARNATAKA, KALABURAGI BENCH DATED THIS THE 3RD DAY OF SEPTEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE S RACHAIAH CRIMINAL PETITION NO. 200735 OF 2025 (482(Cr.PC)/528(BNSS)) BETWEEN: MAHESH NAIK S/O VIJAY S. NAIK AGE: 48 YEARS OCC: MANAGER ZUARI AGRO CHEMICALS LTD. JAI KISAN BHAVAN ZUARI NAGAR GOA – 403 726 …PETITIONER (BY SRI. MANJUNATH SHIVANNA, ADVOCATE) AND: THE STATE OF KARNATAKA DEPARTMENT OF AGRICULTURE ASSISTANT DIRECTOR OF AGRICULTURE JEWARGI, REP. BY ADDL. SPP HIGH COURT OF KARNATAKA KALABURAGI BENCH – 585 107 …RESPONDENT (BY SRI JAMADAR SHAHABBUDIN, HCGP) Digitally signed by SREEDHARAN BANGALORE SUSHMA LAKSHMI Location: High Court of Karnataka - 2 - HC-KAR NC: 2025:KHC-K:5139 CRL.P No. 200735 of 2025 THIS CRIMINAL PETITION IS FILED UNDER SECTION 482 OF THE CODE OF CRIMINAL PROCEDURE (OLD) UNDER SECTION 528 OF BNNS (NEW), PRAYING TO EXERCISE INHERENT POWERS UNDER SECTION 528 OF BNSS, EXAMINE THE RECORDS AND QUASH THE ENTIRE PROCEEDINGS IN C.C.NO.228/2022 (PRIVATE COMPLAINT NO.14/2021) FOR OFFENCES PUNISHABLE UNDER SECTION 19(i)(a) OF FERTILIZER (CONTROL) ORDER, 1985 AND SECTION 7(i)(a)(ii)(d) OF ESSENTIAL COMMODITIES ACT, 1955 PENDING BEFORE THE CIVIL JUDGE AND JMFC AT JEWARGI, AGAINST THE PETITIONER, IN THE INTEREST OF JUSTICE AND EQUITY. THIS CRIMINAL PETITION HAVING BEEN HEARD AND RESERVED ON 09.06.2025 AND COMING ON FOR PRONOUNCEMENT OF ORDER, BEFORE THE PRINCIPAL BENCH AT BENGALURU, THROUGH VIDEO CONFERENCING, THIS DAY, THE COURT MADE THE FOLLOWING: - 3 - HC-KAR NC: 2025:KHC-K:5139 CRL.P No. 200735 of 2025 CORAM: HON'BLE MR JUSTICE S RACHAIAH CAV ORDER (PER: HON'BLE MR. JUSTICE S RACHAIAH) 1. This petition is filed by the petitioner / accused No.2, being aggrieved by the order of taking cognizance dated 25.02.2022 in C.C.No.228/2022 for the offences punishable under Section 19(i)(a) of Fertilizer (Control) Order, 1985 and Section 7(i)(a)(ii)(d) of the Essential Commodities Act, 1955, passed by the Civil Judge and JMFC at Jewargi. Factual matrix of the case: 2. On 22.05.2015, the complainant visited the shop of accused No.1 i.e., M/s. Jogur Trading Company, Jeratagi and verified the stock maintained by accused No.1. He found the fertilizer namely Zuari Agrochemical Ltd., 12:32:16 N.P.K. complex grade fertilizer. He drew the sample from the said fertilizer bag and he noticed that the date of expiry and batch number were not printed on the bags. Thereafter, he divided the composite samples into three equal parts as per FCO 1985 of Para 6 of - 4 - HC-KAR NC: 2025:KHC-K:5139 CRL.P No. 200735 of 2025 Schedule-II of Part A, each sample has been transferred immediately to a thick polythene bag. It is further stated that, as per the report submitted by the laboratory, the sample which was sent was “non-standard”. Hence, a case came to be registered against accused Nos.1 and 2 before the learned Magistrate by way of filing a private complaint. The Trial Court took cognizance for the offences stated supra and proceeded further. Hence, the petitioner / accused No.2 is before this Court. 3. Heard Sri Manjunath Shivanna, learned counsel for the petitioner and Sri Jamadar Shahabuddin, learned High Court Government Pleader for the respondent – State. 4. It is the submission of the learned counsel for the petitioner that, the order of taking cognizance is bad in law, for the reason that, as per the mandatory requirement, to initiate a suit or file a criminal case against the sub-standard or non-standard items or fertilizers stated to be manufactured by the Company, the Company has to be made as one of the accused to fix the liability. Unless and until the said liability is fixed against - 5 - HC-KAR NC: 2025:KHC-K:5139 CRL.P No. 200735 of 2025 the Company, the complaint filed by the complainant deserves to be quashed. Making such submissions, learned counsel for the petitioner prays to allow the petition and quash the proceedings against the petitioner. 5. Per contra, learned High Court Government Pleader submits that the non-arraigning the Company as one of the accused is a curable defect, that can be cured even at the belated stage. The fact of selling sub-standard or non-standard fertilizer has been established by the complainant and it is also proved that the fertilizer of which the complainant had drawn the sample was sent to FSL and the report would indicate that it is a sub- standard fertilizer. Such being the fact, the petition cannot be allowed on flimsy reason. Making such submissions, learned High Court Government Pleader prays to reject the petition. 6. Having heard learned counsel for the respective parties and also perused the averments of the complaint, it appears from the record that the complainant being the Assistant Director of Agriculture, Jewargi, visited the shop - 6 - HC-KAR NC: 2025:KHC-K:5139 CRL.P No. 200735 of 2025 of accused No.1 and found that the fertilizer was being sold without having any manufacturing date and other standard requirements required under the law. Hence, he seized the said fertilizer bags and took the samples and sent those samples to the FSL for chemical analysis. The chemical analysis report would indicate that the fertilizer, which was being sold by the accused No.1, was sub- standard or non-standard. Therefore, a complaint came to be registered against the accused Nos.1 and 2. 7. No doubt, the accused No.2, who is the petitioner herein was working as a Manager of the said Company. However, the Company has not been made as one of the accused, which is mandatory in terms of Section 10 of the Essential Commodities Act. Since it is a mandatory provision, the opportunity to bring the Company as one of the accused may be given before taking cognizance. If the cognizance is taken on the basis of the available record, subsequently, there is no provision to implicate the Company as one of the accused in order to cure the defect. Non-impleading the Company in a criminal case - 7 - HC-KAR NC: 2025:KHC-K:5139 CRL.P No. 200735 of 2025 is not a curable defect, infact, it is deemed to be illegal. Therefore, the petition deserves to be allowed. 8. Hence, I proceed to pass the following:- ORDER i) The Criminal Petition is allowed. ii) The order of taking cognizance dated 25.02.2022 and the entire proceedings in C.C.No.228/2022 (Private Complaint No.14/2021), pending before the Civil Judge and JMFC at Jewargi, against the petitioner / accused No.2, is quashed. Sd/- (S RACHAIAH) JUDGE BSS List No.: 19 Sl No.: 4