- 1 - NC: 2025:KHC-D:383 CRL.P No. 103874 of 2024 IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH DATED THIS THE 10TH DAY OF JANUARY, 2025 BEFORE THE HON'BLE MR JUSTICE HEMANT CHANDANGOUDAR CRIMINAL PETITION NO. 103874 OF 2024 (482(Cr.PC)/528(BNSS)) BETWEEN: 1. SIDDAROOD APPASAHEB DIGGE AGE. 48 YEARS, OCC. SALESMAN, R/O. UNIVERSAL AGRO CHEMICAL INDUSTRIES A7, MAIN ROAD APMC YARD, AMARAGOL, HUBBALLI – DHARWAD, POSTAL ADDRESS. PLOT NO.35/36, BLOCK NO.170/1B MADHUBAN APARTMENT, HUBBALLI, NAVANAGAR, DHARWAD. 2. SUBHOJIT ROY AGE. 42 YEARS, OCC. TECHNICIAN, R/O. UNIVERSAL AGRO CHEMICAL INDUSTRIES, A7, MAIN ROAD, APMC YARD, AMARAGOL, HUBBALLI – DHARWAD, POSTAL ADDRESS. PLOT NO.35/36, BLOCK NO.170/1B, MADHUBAN APARTMENT, HUBBALLI, NAVANAGAR, DHARWAD. 3. SHUBHAM N. SAMUDRE AGE. 27 YEARS, OCC. OFFICE EXECUTIVE, INDUSTRIAL 133 BGPU NAGAR, MAIN ROAD, NAGAPUR-440009. …PETITIONERS (BY SRI. R.M.JAVED, ADVOCATE) AND: 1. STATE OF KARNATAKA THROUGH FERTILIZER SUPERINTENDENT AGRICULTURE DEPT. GOVT. OF KARNATAKA, REP. BY STATE PUBLIC PROSECUTOR, HIGH COURT OF KARNATAKA, BENCH AT. DHARWAD-580001. Digitally signed by B K MAHENDRAKUMAR Location: HIGH COURT OF KARNATAKA DHARWAD BENCH Date: 2025.01.21 07:28:54 +0530 - 2 - NC: 2025:KHC-D:383 CRL.P No. 103874 of 2024 2. SHRINATH CHIMMALAGI S. FERTILIZER SUPERINTENDENT AND ASST. DIRECTOR OF AGRICULTURE (VIGILANCE-1), O/O. JOINT DIRECTOR (AGRICULTURE), DHARWAD-580001. …RESPONDENTS (BY SRI. PRAVEENA Y.DEVAREDDIYAVAR, HCGP) THIS CRIMINAL PETITION IS FILED U/S 482 OF CR.P.C. (U/S. 528 OF BNSS, 2023) SEEKING TO, QUASH THE ENTIRE PROCEEDINGS INSTITUTED AGAINST THE PETITIONERS (ACCUSED NO.2 TO 4) FOR THE OFFENCES P/U/S 3 OF ESSENTIAL COMMODITIES ACT AND SECTION 7 OF FERTILIZER (INORGANIC, ORGANIC OR MIXED (CONTROL) ORDER, 1985 IN CC NO.2268/2024 ON THE FILE OF III ADDL. SENIOR CIVIL JUDGE AND JMFC, HUBBALLI. 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 petitioners challenge the cognizance taken for the offences punishable under Section 3 of the Essential Commodities Act, 1955, and Section 7 of the Fertilizer (Inorganic, Organic, or Mixed) (Control) Order, 1985. 2. Respondent No.2 filed a private complaint under Section 200 of the Criminal Procedure Code (Cr.P.C.), alleging that, during a search of the godown belonging to accused No.1 – the company, it was discovered that the accused No.1 manufactured fertilizer that did not conform to the prescribed specifications and was produced without a valid license. The learned Magistrate, after perusing the complaint, took cognizance - 3 - NC: 2025:KHC-D:383 CRL.P No. 103874 of 2024 of the alleged offences. Aggrieved by this, the petitioners have filed the present petition. 3. Heard the learned counsel for the petitioners and the learned Additional Government Advocate for the respondents – State. 4. Section 2 of the Fertilizer (Control) Order, 1985, defines act and means the provisions of the Control Order to the Essential Commodities Act, 1955. 5. Section 10 of the Essential Commodities Act, 1955, pertains to offences committed by companies. It provides that if a contravention of an order made under Section 3 is committed by a company, then 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. 6. Admittedly, accused No.1 is a company incorporated under the Indian Companies Act. In the present case, the petitioners are employees of accused No.1 – the company, and are not responsible for the day-to-day affairs or conduct of the company’s business. Therefore, the petitioners cannot be held vicariously liable along with accused No.1 – the company, as contemplated under Section 10 of the Essential Commodities Act, 1955. - 4 - NC: 2025:KHC-D:383 CRL.P No. 103874 of 2024 7. In view of the above, the continuation of criminal proceedings against the petitioners would amount to an abuse of the process of law. Accordingly, I pass the following: ORDER i) The petition stands allowed. ii) The impugned proceedings in CC No.2268/2024 pending on the file of the learned III Addl. Senior Civil Judge and JMFC Court, Hubballi insofar as it relates to the accused Nos.2 to 4 is hereby quashed. iii) The trial to proceed against the accused No.1 in accordance with law. Sd/- (HEMANT CHANDANGOUDAR) JUDGE BKM Ct:vh List No.: 1 Sl No.: 13