- 1 - NC: 2025:KHC-D:554 CRL.P No. 103787 of 2024 IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH DATED THIS THE 15TH DAY OF JANUARY, 2025 BEFORE THE HON'BLE MR. JUSTICE HEMANT CHANDANGOUDAR CRIMINAL PETITION NO. 103787 OF 2024 (482(Cr.PC)/528(BNSS)) BETWEEN: 1. VIVEK HOOLI S/O. BABANNA AGE. 36 YEARS, OCC. FIELD MANAGER, RETAIL OPERATIONS, NAMMA GROMAR KENDRA, C/O. CORMANDAL INTERNATIONAL LTD., NO. 668, MALLAPUR, PG, AT/PO. GHATAPRABHA, TQ. GOKAK, BELAGAVI-591306. 2. PUNDALIK MAGADUM S/O. LAGAMAPPA AGE. 32 YEARS, OCC. MANAGER, NAMMA GROMAR KENDRA, C/O. CORMANDAL INTERNATIONAL LTD., NO. 668, MALLAPUR, PG. AT/PO. GHATAPRABHA, TQ. GOKAK, BELAGAVI DIST. 591306. …PETITIONERS (BY SRI.J.BASAVARAJ AND SRI.SUHAS K.HOSAMANI, ADVOCATES) AND: THE STATE OF KARNATAKA REPRESENTED BY ITS STATE PUBLIC PROSECUTOR, THROUGH THE SEED INSPECTOR AND AGRICULTURE OFFICER, RAIT SAMPRAK KENDRA GOKAK, HIGH COURT OF KARNATAKA, DHARWAD-580011. …RESPONDENT (BY SRI. ASHOK T.KATTIMANI, ADDL. GOVT. ADVOCATE) THIS CRIMINAL PETITION IS FILED U/S 482 OF CR.P.C. (528 OF BNSS), PRAYING TO, QUASH IMPUGNED PRIVATE COMPLAINT DATED 15.12.2022 AS PER ANNEXURE-A, THE ORDER OF TAKING COGNIZANCE AND ISSUANCE OF SUMMONS DATED 16.12.2022 FOR THE OFFENCES PUNISHABLE U/S 19 C(i), 7 AND 21 OF FERTILIZER CONTROL 1985 AND U/S 7(1) (A-1) OF ESSENTIAL B K MAHENDRAKUMAR Digitally signed by B K MAHENDRAKUMAR Location: HIGH COURT OF KARNATAKA DHARWAD BENCH Date: 2025.01.17 16:32:50 +0530 - 2 - NC: 2025:KHC-D:554 CRL.P No. 103787 of 2024 COMMODITIES ACT 1955 BY THE MAGISTRATE AND ALL FURTHER PROCEEDINGS PURSUANT THERE TO IN CC NO.8876/2022 AS PER ANNEXURE-B PENDING ON THE FILE OF THE ADDL.CIVIL JUDGE AND JMFC, GOKAK, IN SO FAR AS PETITIONERS NO.1 AND 2/ACCUSED NO.1 AND 2. 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 learned Additional Government Advocate accepts notice for the respondent-State. 2. Petitioners/accused Nos. 1 and 2 challenge the cognizance taken by the learned Magistrate for the offences punishable under Sections 19 C(i), 7, and 21 of the Fertilizer Control Act, 1985, and under Section 7(1)(A-1) of the Essential Commodities Act, 1955. 3. The Fertilizer Inspector and Agricultural Officer have filed a private complaint under Section 200 of the Criminal Procedure Code (Cr.P.C.) alleging that during an inspection of the shop belonging to petitioner No. 2, it was discovered that the pockets containing fertilizer in the shop were misprinted, and there was no mention of the word “mixture.” 4. Heard the learned counsel for the petitioners and the learned Additional Government Advocate for the respondent-State. 5. Petitioner/accused No. 1, the Manager of the company that allegedly manufactured the subject fertilizer, and petitioner No. - 3 - NC: 2025:KHC-D:554 CRL.P No. 103787 of 2024 2, the dealer of the subject fertilizer, submit that in Crl.P.No.100487/2023, this Court has already held that unless the company is arrayed as an accused, proceedings cannot be initiated solely against the dealer or the employee of the company. 6. In view of the above, the impugned proceedings stand vitiated, as the petitioners/accused cannot be vicariously held guilty along with the company, as stated under Section 10 of the Indian Evidence Act. Accordingly, I pass the following: ORDER i) The petition is allowed. ii) The impugned proceedings in CC No.8876/2022 pending on the file of the Additional Civil Judge and JMFC., Gokak, insofar as it relates to the petitioners – accused Nos.1 and 2 stands quashed. Sd/- (HEMANT CHANDANGOUDAR) JUDGE AC Ct:vh List No.: 2 Sl No.: 10