- 1 - NC: 2025:KHC-D:1438 CRL.P No. 103736 of 2024 IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH DATED THIS THE 25TH DAY OF JANUARY, 2025 BEFORE THE HON'BLE MR JUSTICE HEMANT CHANDANGOUDAR CRIMINAL PETITION NO. 103736 OF 2024 (482(Cr.PC)/528(BNSS)) BETWEEN: ALTAF S/O. HUSSAINSAAB SHEKH AGE. 33 YEARS, OCC. BUSINESS, R/O. AT KHANAPUR, TQ. KHANAPUR, DIST. BELAGAVI. …PETITIONER (BY SRI. L.S.SULLAD, ADVOCATE) AND: 1. STATE OF KARNATAKA THROUGH PSI KITTUR PS., R/BY HGP, DHARWAD BENCH. 2. BASAVARAJ S/O. LAXMAPPA DALWAI AGE. 46 YEARS, OCC. ASSISTANT DIRECTOR OF AGRICULTURE, R/O. AT MUGALIHAL, NOW AT GOKAK, TQ. YARAGATTI, DIST. BELAGAVI. …RESPONDENTS (BY SRI. T.HANUMAREDDY, AGA FOR R1) THIS CRIMINAL PETITION IS FILED U/S 482 OF CR.P.C. (528 OF BNSS), PRAYING TO, QUASH THE FIR AND COMPLAINT DATED 16.11.2024 OF KITTUR P.S. CRIME NO. 207/2024 U/SEC. 7 AND 3 OF E.C. ACT AND FERTILIZER CONTROL ORDER 1985 CLAUSE 25(1), 12 OF THE ACT, ON THE FILE OF THE CIVIL JUDGE AND JMFC COURT KITTUR DIST. BELAGAVI. THIS PETITION, COMING ON FOR ADMISSION, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: THE HON'BLE MR. JUSTICE HEMANT CHANDANGOUDAR B K MAHENDRAKUMAR Digitally signed by B K MAHENDRAKUMAR Location: HIGH COURT OF KARNATAKA DHARWAD BENCH Date: 2025.01.29 15:27:28 +0530 - 2 - NC: 2025:KHC-D:1438 CRL.P No. 103736 of 2024 ORAL ORDER 1. The registration of the FIR for offences punishable under Sections 7 and 3 of the Essential Commodities Act, 1955, is challenged in this petition. 2. The case of the prosecution is that respondent No. 2, the complainant, conducted an inspection of the petitioner’s premises. During the inspection, it was found that although the petitioner was licensed to use organic fertilizer for agricultural purposes, 163 empty bags of different urea fertilizers were discovered. It is alleged that the petitioner used the fertilizers for commercial purposes, which contravenes the provisions of the Fertilizer Control Order, 1985, and Clauses 25(1) and 12 of the Essential Commodities Act, 1955. 3. The provisions of the Essential Commodities Act, 1955, are made applicable to the Fertilizer Control Order, 1985, by virtue of Section 2A of the Act. 4. Section 11 of the Essential Commodities Act, 1955, stipulates that no Court shall take cognizance of any offence punishable under this Act except upon a written report of the facts constituting the offence made by a public servant as defined under Section 21 of the Indian Penal Code. 5. Mere possession of empty gunny bags, without any material evidence to substantiate that the petitioner used organic fertilizer for commercial purposes without obtaining a license under the Fertilizer Control Order, 1985, does not justify the registration of - 3 - NC: 2025:KHC-D:1438 CRL.P No. 103736 of 2024 the FIR for offences under Sections 7 and 3 of the Essential Commodities Act, 1955. The continuation of the investigation in the absence of such material would amount to an abuse of the process of law. ORDER i) The petition is allowed. ii) The impugned proceedings in Crime No.207/2024 registered by the Kittur Police Station is herby quashed. BKM Ct:vh List No.: 1 Sl No.: 22 Sd/- (HEMANT CHANDANGOUDAR) JUDGE