- 1 - NC: 2025:KHC-D:2590 CRL.P No. 103614 of 2024 IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH DATED THIS THE 10TH DAY OF FEBRUARY, 2025 BEFORE THE HON'BLE MR. JUSTICE HEMANT CHANDANGOUDAR CRIMINAL PETITION NO. 103614 OF 2024 (482(Cr.PC)/528(BNSS)) BETWEEN: SHRI. ANIL DHARAMAPPA NAGRAL AGE. 39 YEARS, OCC. PVT. SERVICE, (RESPONSIBLE PERSON SAVIO BIO ORGANICS AND FERTILIZERS PVT. LTD., HALASHI) R/AT. KHANAPUR, TQ. KHANAPUR, DIST. BELAGAVI-590131. …PETITIONER (BY SRI. ASHOK R.KALYANASHETTY AND SRI. PRAKASH S.GUDIHINDIN, ADVOCATES) AND: 1. STATE OF KARNATAKA (NANDAGAD POLICE STATION), BY ITS STATE PUBLIC PROSECUTOR, OFFICE OF ADVOCATE GENERAL, HIGH COURT PREMISES, DHARWAD-560001. 2. SHRI. SATISH PRAKASH MAVINAKOPP AGE. 34 YEARS, OCC. SEEDS, FERTILIZER AND PESTICIDE, INSPECTOR CUM ASSISTANT DIRECTOR OF AGRICULTURE OFFICE, KHANAPUR, DIST. BLEAGAVI-590131, REP/BY SPP, HIGH COURT DHARWAD. …RESPONDENTS (BY SRI. PRAVEENA Y. DEVAREDDIYAVARA, HCGP FOR R1 & R2) THIS CRIMINAL PETITION IS FILED U/SE. 482 OF CR.P.C. (U/S. 528 OF BNSS, 2023) SEEKING TO, QUASH THE FIR IN NANDAGAD PS CR.NO. 156/2024 FOR THE OFFENCS P/U/SEC. 03 AND 07 OF ESSENTIAL COMMODITIES ACT 1955 PENDING BEFORE THE CIVIL JUDGE AND JMFC, KHANAPUR AND ALL FURTHER PROCEEDINGS THERETO. Digitally signed by B K MAHENDRAKUMAR Location: HIGH COURT OF KARNATAKA DHARWAD BENCH Date: 2025.02.13 11:17:52 +0530 - 2 - NC: 2025:KHC-D:2590 CRL.P No. 103614 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 1. The petitioner challenges the FIR registered for offences punishable under Sections 3 and 7 of the Essential Commodities Act, 1955. 2. The respondent No.2 lodged the FIR, alleging that, on the instructions of Savio Bio Organics & Fertilizers Pvt. Ltd., where the petitioner serves as the Compliance Officer, it was discovered that the company had unauthorizedly stacked: • 3,000 bags of 45 kg each, bearing the name of National Chemicals and Fertilizer Ltd., and • 425 bags of 50 kg each, bearing the name of Ammonium Phosphate. This was stated to be in contravention of Clauses 18 and 19 of the Fertilizer Control Order, 1985, thereby constituting offences punishable under Sections 3 and 7 of the Essential Commodities Act, 1955. 3. The learned counsel for the petitioner argued that respondent No.2 lodged the FIR without providing an opportunity to the petitioner to produce documents demonstrating lawful purchase of urea and other fertilizers for the purpose of mixture. He further submitted that the authorization letter issued by the Director of - 3 - NC: 2025:KHC-D:2590 CRL.P No. 103614 of 2024 Agriculture clearly establishes that the petitioner purchased the seized fertilizer for the purpose of mixture on 19.09.2024, whereas the FIR was lodged on 16.11.2024, thereby rendering the prosecution unwarranted. 4. In response, the learned counsel for the respondent- State contended that the petitioner had stacked the fertilizer without a valid license/permit, which amounts to a contravention of Clauses 18 and 19 of the Fertilizer Control Order, 1985. He further submitted that the veracity of the allegations made in the FIR requires investigation and, at this stage, no interference is warranted. 5. The arguments of the learned counsel for both parties have been duly considered. 6. The petitioner has produced a copy of the certificate of manufacture for physical and granulated NPK mixture of fertilizer/special mixture of fertilizer, wherein the petitioner has been authorized to manufacture the fertilizers enumerated therein. Annexure-C is the authorization letter for the purchase of subsidized fertilizers by a mixture/customized manufacturing unit, and the petitioner’s name is reflected as the manufacturer of the fertilizer purchased under the authorization letter dated 19.09.2024. Despite this, respondent No.2 lodged the FIR without affording the petitioner an opportunity to produce the relevant documents. - 4 - NC: 2025:KHC-D:2590 CRL.P No. 103614 of 2024 7. Clause 15 of the Fertilizer Control Order, 1985, deals with the grant of a certificate of manufacture for the preparation of fertilizer mixtures. Clause 16 lays down the conditions for granting such a certificate. Clause 19 imposes restrictions on the manufacture, sale, and distribution of fertilizers. 8. In the present case, there is no allegation that the petitioner stacked fertilizer that did not conform to the prescribed specifications. In the absence of any such allegation in the FIR, which would constitute a contravention of Section 25 of the Fertilizer Control Order, 1985, the continuation of the investigation would amount to an abuse of process of law. ORDER i) The petition is allowed. ii) The impugned proceedings in Crime No.156/2024 registered by the Nandagad PS pending on the file of the learned Civil Judge and JMFC, Khanapur, is hereby quashed. Sd/- (HEMANT CHANDANGOUDAR) JUDGE BKM CT:VH List No.: 1 Sl No.: 200