- 1 - NC: 2025:KHC-D:689 CRL.P No. 103618 of 2024 IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH DATED THIS THE 17TH DAY OF JANUARY, 2025 BEFORE THE HON'BLE MR JUSTICE HEMANT CHANDANGOUDAR CRIMINAL PETITION NO. 103618 OF 2024 (482(Cr.PC)/528(BNSS)) BETWEEN: THE DEPUTY GENERAL MANAGER, ZUARI AGRO CHEMICALS LTD., GOA-403726, R/BY MAHESH NAIK, CHIEF MANAGER, ZUARI AGRO, CHEMICALS LTD., GOA. …PETITIONER (BY SRI. M.J.PEERJADE, ADVOCATE) AND: THE STATE OF KARNATAKA THROUGH SHRI. SHRISHAIL TELI, AGRICULTURAL OFFICER AND FERTILIZER INSPECTOR KAGWAD-591223, AGE. 36 YEARS, R/BY S.P.P., HIGH COURT OF KARNATAKA BENCH DHARWAD. …RESPONDENT (BY SRI. ASHOK T.KATTIMANI, ADDL. GOVT. ADVOCATE) THIS CRIMINAL PETITION IS FILED U/SEC. 482 OF CR.P.C. (U/SEC. 528 OF BNSS, 2023) SEEKING THAT THE COMPLAINT AND ENTIRE PROCEEDINGS IN C.C.NO. 1223/2021 FILED AND PENDING BEFORE THE COURT OF CIVIL JUDGE AND JUDICIAL MAGISTRATE FIRST CLASS KAGWD AGAINST THE PETITIONER/ACCUSED NO.2 UNDER CLAUSE 19 OF THE FERTILIZER CONTROL ORDER 1985 AND SEC. 3 AND 7 OF THE ESSENTIAL COMMODITIES ACT 1955 BE QUASHED. B K MAHENDRAKUMAR Digitally signed by B K MAHENDRAKUMAR Location: HIGH COURT OF KARNATAKA DHARWAD BENCH Date: 2025.01.22 15:00:47 +0530 - 2 - NC: 2025:KHC-D:689 CRL.P No. 103618 of 2024 THIS PETITION, COMING ON FOR ADMISSION, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: THE HON'BLE MR JUSTICE HEMANT CHANDANGOUDAR ORAL ORDER Sri Ashok T. Kattimani, learned Additional Government Advocate, accepts notice for the respondent. 2. The petitioner, who is sought to be prosecuted for offences punishable under Sections 3 and 7 of the Essential Commodities Act and Clause 19 of the Fertilizers (Control) Order, 1985, is before this Court. 3. Accused No. 1, in the same criminal proceedings impugned herein, had approached this Court in Crl.P. No. 100986 of 2022. By order dated 31.03.2022, this Court quashed the proceedings against accused No. 1, observing as follows: “6. It is undisputed that the fertilizer alleged to be of sub-standard quality was manufactured by Zuari Agro Chemicals Pvt. Ltd., Goa. However, the complainant, without arraigning the company as an accused, has filed the complaint. Section 10 of the Essential Commodities Act specifies that if the person contravening an order made under Section 3 is a company, every person who, at the time the contravention was committed, was in charge of, and was responsible for, the conduct of the business of the company, as well as the company, shall be deemed to be guilty of the contravention and shall be liable to be proceeded against and - 3 - NC: 2025:KHC-D:689 CRL.P No. 103618 of 2024 punished accordingly. Therefore, in the absence of the company having been arraigned as an accused in the complaint, the petitioner, who is a retail dealer of the fertilizer, cannot be held vicariously liable for the contravention.” 4. In view of the order passed in the aforementioned petition, this petition also requires to be disposed of accordingly. Hence, I pass the following: ORDER i) Accordingly, the criminal petition is allowed. ii) The criminal proceedings in C.C. No.1223/2021 pending on the file of the Civil Judge and JMFC, Kagawad, insofar as it relates to petitioner/accused No.2, is hereby quashed. Sd/- (HEMANT CHANDANGOUDAR) JUDGE KMS Ct:vh List No.: 1 Sl No.: 25