- 1 - NC: 2025:KHC-D:336 CRL.P No. 103489 of 2024 IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH DATED THIS THE 9TH DAY OF JANUARY, 2025 BEFORE THE HON'BLE MR. JUSTICE HEMANT CHANDANGOUDAR CRIMINAL PETITION NO. 103489 OF 2024 (482(Cr.PC)/528(BNSS)) BETWEEN: MR. SUDARSHAN SUBHASH DONGARE AGE. 45 YEARS, OCC. RESPONSIBLE OFFICER, RESPONSIBLE PERSON MAHARASTRA BIO FERTILIZER PVT. LTD., R/AT. PLOT NO.66, ARRO TRADERS PREMISES, APMC YARD, AMARGOL-580025. …PETITIONER (BY SRI. GOURI SHANKAR MOT, ADVOCATE) AND: THE STATE OF KARNATAKA BY SRI. RAJASHEKHAR A ANAGOUDAR INVESTIGATOR OF PESTICIDES ASSISTANT AGRICULTURE, INSTRUCTIONS, HUBBALLI, TQ. HUBBALLI, REP. BY ITS STATE PUBLIC PROSECUTOR, HIGH COURT OF KARNATAKA, DHARWAD BENCH, AT. DHARWAD. …RESPONDENT (BY SRI. PRAVEEN Y.DEVAREDDIYAVARA, HCGP) THIS CRIMINAL PETITION IS FILED U/S 482 OF CR.P.C. (528 OF BNSS), PRAYING TO, QUASH THE COGNIZANCE DATED 30.06.2021 AND FURTHER PROCEEDING AS FILED BY THE RESPONDENT IN P.C.R. NO.1506/2021 AGAINST ACCUSED NO.2/PETITIONER, SUBSEQUENTLY REGISTERED IN CC NO.3614/2021 PENDING BEFORE THE PRL.CIVIL JUDGE AND JMFC, AT HUBBALLI FOR THE OFFENCES PUNISHABLE U/S 29(1) OF PESTICIDES ACT 1968. THIS PETITION, COMING ON FOR ADMISSION, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: THE HON'BLE MR. JUSTICE HEMANT CHANDANGOUDAR Digitally signed by B K MAHENDRAKUMAR Location: HIGH COURT OF KARNATAKA DHARWAD BENCH Date: 2025.01.21 07:28:50 +0530 - 2 - NC: 2025:KHC-D:336 CRL.P No. 103489 of 2024 ORAL ORDER 1. The Learned High Court Government Pleader (HCGP) accepts notice for the respondent/State. 2. A private complaint has been filed under Section 200 of the Code of Criminal Procedure, 1973, alleging that during the inspection of the shop premises belonging to the Firm, unregistered fertilizers were found stacked, which are not approved under the provisions of the Insecticides Act, 1968 (hereinafter referred to as the Act) and Rule 9 of the Insecticides Rules, 1971. The learned Magistrate, after perusing the complaint, took cognizance of the offense punishable under Section 29(1) of the Act. Taking exception to the same, the present petition has been filed. 3. Learned counsel for the petitioner submitted that the petitioner is only a Marketing Manager and is not responsible for the affairs of the Firm. Therefore, the prosecution of the petitioner for the offense under Section 29(1) of the Act is impermissible. 4. Learned HCGP for the respondent/State submitted that whether the petitioner was responsible for the alleged offense is a matter to be considered during the trial and cannot be adjudicated in this petition. Thus, he sought the dismissal of the petition. 5. The arguments of the learned counsel for the parties have been duly considered. 6. The petitioner is admittedly a Marketing Manager of accused No.1/Firm. The issue of whether a Marketing Manager can be prosecuted under Section 29(1) of the Act has already been - 3 - NC: 2025:KHC-D:336 CRL.P No. 103489 of 2024 addressed by this Court in Crl.P. No.2501/2021, wherein it was held as follows: “5. The aforementioned facts regarding the manufacture of the bio-vita product by the company are not in dispute. It is also undisputed that the petitioner serves as a Marketing Manager in the company. The allegation against the company is the manufacture of the bio-vita product, which does not contain essential micronutrients. However, attributing knowledge of such manufacture to the petitioner or justifying his involvement cannot be sustained, as the petitioner’s role is limited to marketing the company’s products. Therefore, prosecuting the petitioner for offenses punishable under the provisions of the Act would result in a miscarriage of justice. Responsibility lies with the company and the individuals involved in the manufacturing process, who must answer the allegations. As the company itself is an accused in the proceedings, it is for the company or other accused individuals to address the allegations in accordance with the law.” 7. In light of the above, this petition also deserves to be disposed of in terms of the order passed by the co-ordinate Bench of this Court. 8. Accordingly, the petition is allowed. The impugned proceedings in CC No.3614/2021 (arising out of PCR No.1506/2021), pending on the file of learned Prl. Civil Judge and JMFC, Hubballi, are hereby quashed. Sd/- (HEMANT CHANDANGOUDAR) JUDGE JTR Ct:vh List No.: 2 Sl No.: 8