- 1 - NC: 2025:KHC-D:328 CRL.P No. 102936 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. 102936 OF 2024 (482(Cr.PC)/528(BNSS)) BETWEEN: 1. MAHESH KENCHAREDDI AGE. 55, OCC. MANAGER OF RANEBENNUR TALUKA AGRI PRODUCE CO-OP MARKETING AND PROCESSING SOCIETY, RANEBENNUR-581115. 2. NAGARAJ KARIGAR AGE. 50 YEARS, OCC. REGIONAL MANAGER OF IFFCO, FERTILIZER MANUFACTURING COMPANY, M/S. IFFCO, KANDLA, KUTCH, GUJRAT-382220. 3. ASHAL JOUHARI AGE. 45 YEARS, OCC. DEPUTY MANAGER OF IFFCO, NPK AND COMPLIANCE OFFICER, M/S. IFFCO, KANDLA, KUTCH, GUJRAT-382220. …PETITIONERS (BY SRI. AVINASH A. UPLAONKAR, ADVOCATE) AND: THE STATE OF KARNATAKA DEPARTMENT OF AGRICULTURE, AGRICULTURE OFFICER AND FERTILIZER INSPECTOR, RANEBENNUR, NOW R/BY SPP HIGH COURT OF KARNATAKA, DHARWAD BENCH-580011. …RESPONDENT (BY SRI. T.HANUMAREDDY, ADDL. GOVT. ADVOCATE) THIS CRIMINAL PETITION IS FILED U/S 528 OF BNSS, SEEKING TO EXERCISE INHERENT POWERS U/S 482 OF CR.P.C., EXAMINE THE RECORDS AND QUASH THE TAKING COGNIZANCE Digitally signed by ASHPAK KASHIMSA MALAGALADINNI Location: HIGH COURT OF KARNATAKA DHARWAD BENCH Date: 2025.01.13 15:17:11 +0530 - 2 - NC: 2025:KHC-D:328 CRL.P No. 102936 of 2024 IN CC NO.93/2024 DATED 05.02.2024, FOR THE OFFENCES PUNISHABLE U/S 7 OF ESSENTIAL COMMODITIES ACT 1955, PENDING BEFORE THE II ADDL.SENIOR CIVIL JUDGE AND JMFC COURT AT RANEBENNUR, DIST.HAVERI, AGAINST THE PETITIONERS/ACCUSED NO.1, 2 AND 3. THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: THE HON'BLE MR. JUSTICE HEMANT CHANDANGOUDAR ORAL ORDER 1. The cognizance taken of the offence punishable under Section 7 of the Essential Commodities Act, 1955 (for short, ‘the Act’) is challenged in this petition. 2. The complaint was filed by the respondent, alleging that they visited the shop of the petitioner – accused No.1, a retailer dealing in fertilizer, and seized a portion of the available stock of fertilizer 10:26:26 manufactured by accused No.2 – IFFCO company. Samples were drawn and sent to the Deputy Director of Agriculture, Fertilizer Control Laboratory, Kadaji, for analysis. The analysis report revealed that the sample of the subject fertilizer did not meet the prescribed standards, in contravention of Clause 19 of the Fertilizer Control Order, 1985. 3. Heard the learned counsel for the petitioners and the learned Additional Government Advocate for the respondent. 4. The petitioners are being prosecuted on the basis that petitioner No.1 is the retailer of the fertilizer, while accused No.2 is the Regional Manager of IFFCO, the company that manufactured - 3 - NC: 2025:KHC-D:328 CRL.P No. 102936 of 2024 the fertilizer. The analysis report indicated that the fertilizer did not conform to the prescribed standards, allegedly in violation of Clause 19 of the Fertilizer Control Order, 1985. 5. Clause 2 of the Fertilizer Control Order, 1985, states that the Act refers to the Essential Commodities Act. 6. Section 10 of the Essential Commodities Act, 1955, addresses offences committed by companies. It stipulates that if an order made under Section 3 is contravened by 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, along with the company itself, shall be deemed guilty of the contravention. 7. In the present case, the company that manufactured the fertilizer has not been arraigned as an accused. Petitioner No.1 is the retailer, and accused No.2 is the Regional Manager of the company. Neither can be held vicariously liable under Section 10 of the Act without the company being made a party to the proceedings. 8. A similar issue was considered by a coordinate Bench of this Court in Crl.P. No.102568/2022 (DD 14.09.2022), wherein it was held that when the company is not arraigned as an accused, the complaint is not maintainable against the retailer or the Regional Manager. Therefore, in such circumstances, the proceedings are liable to be quashed. 9. In light of the above, the continuation of the criminal proceedings against the petitioners would amount to an abuse of - 4 - NC: 2025:KHC-D:328 CRL.P No. 102936 of 2024 the process of law. Accordingly, the proceedings are liable to be quashed. Accordingly, I pass the following: ORDER i) The petition is allowed. ii) The impugned proceedings in CC No.93/2024 pending on the file of the learned II Additional Senior Civil Judge and JMFC Court, Ranebennur, District Haveri, is hereby quashed. Sd/- (HEMANT CHANDANGOUDAR) JUDGE BKM Ct:vh List No.: 1 Sl No.: 22