Basayya S/O Kallayya Hosamani vs The State Of Karnataka
2024 Latest Caselaw 3561 Kant

Karnataka High Court

Basayya S/O Kallayya Hosamani vs The State Of Karnataka on 6 February, 2024

Author: N.S.Sanjay Gowda

Bench: N.S.Sanjay Gowda

                                                     -1-
                                                            NC: 2024:KHC-D:2564
                                                            CRL.P No. 100317 of 2024




                                 IN THE HIGH COURT OF KARNATAKA,
                                          DHARWAD BENCH
                            DATED THIS THE 6TH DAY OF FEBRUARY, 2024
                                                   BEFORE
                            THE HON'BLE MR JUSTICE N.S.SANJAY GOWDA
                               CRIMINAL PETITION NO.100317 OF 2024
                      BETWEEN:
                      1. BASAYYA S/O KALLAYYA HOSAMANI,
                         AGE. 32 YRS, OCC. DEPOT MANAGER,
                         T. STANES AND COMPANY LIMITED,
                         APMC YARD, AMARGOL-580018,
                         TQ. HUBBALLI, DIST. DHARWAD.

                      2.   DAVALSAB CHANDUSAB HIREMANI,
                           AGE. 51 YEARS, OCC. BUSINESS,
                           PROP. SHRI CHOUDESHWARI AGRO KENDRA
                           GAJENDRAGAD, TQ. GAJENDRAGAD,
                           DIST. GADAG-582103.
                                                                        ... PETITIONERS
                      (BY SHRI HARISH S. MAIGUR, ADVOCATE)

                      AND:
                      THE STATE OF KARNATAKA,
                      THROUGH RAVINDRAGOUDA PATIL,
                      FERTILIZER INSPECTOR AND ASSISTANT
                      DIRECTOR OF AGRICULTURE,
                      O/O ASSISTANT DIRECTOR OF AGRICULTURE,
MANJANNA              RON, TQ. RON, DIST. GADAG,
E
                      R/BY SPP HIGH COURT BENCH,
Digitally signed by
MANJANNA E
Date: 2024.02.08
                      DHARWAD-580011.
11:11:04 +0530
                                                                        ... RESPONDENT
                      (BY SHRI P.N. HATTI, HCGP)

                            THIS CRIMINAL PETITION IS FILED U/S 482 OF CR.P.C., SEEKING
                      TO ADMIT THE PETITION, CALL FOR THE RECORDS FROM COURT
                      BELOW AND QUASH THE ORDER OF TAKING COGNIZANCE AND ISSUE
                      OF PROCESS FOR THE OFFENCE PUNISHABLE UNDER CLAUSE
                      19(b)(c)(i) AND (v) OF FERTILIZER (CONTROL) ORDER, 1985 AND
                      SECTION 7 OF THE ESSENTIAL COMMODITIES ACT ON THE FILE OF THE
                      PRL.CIVIL JUDGE AND JMFC, RON IN CC NO.739/2023 DATED
                      18.08.2023 AND CONSEQUENTLY QUASH THE COMPLAINT AGAINST
                      THESE PETITIONERS HEREIN/ACCUSED NO.2 AND 3 IN THE INTEREST
                      OF JUSTICE AND EQUITY.
                               -2-
                                        NC: 2024:KHC-D:2564
                                        CRL.P No. 100317 of 2024




     THIS PETITION, COMING ON FOR ADMISSION, THIS DAY, THE
COURT MADE THE FOLLOWING:

                            ORDER

1. The petition has been filed challenging the

proceedings that had been initiated against the petitioners

for the offences punishable under clause 19(b)(c)(i) and

(v) of the Fertilizer (Control) Order, 1985 and Section 7 of

Essential Commodities Act.

2. Learned counsel for the petitioner places

reliance on the clause 24 of the Fertilizer (Control) Order

to contend that every organization is required to appoint in

the organization after consulting the Central Government,

an officer who would be responsible for compliance with

the provisions of the order. He submits that, the 1st

petitioner is only the Depot Manager and the 2nd petitioner

is the proprietor, who was selling the fertilizer. It is

submitted that since the complaint has not been lodged

against a person contemplated under clause 24 of the

Fertilizer (Control) Order, the entire proceedings would be

without jurisdiction.

NC: 2024:KHC-D:2564

3. Learned counsel for the petitioner places

reliance on the judgments rendered by the Co-ordinate

Bench of this Court in Crl.P.No.5401/2017 disposed of on

27th day of July, 2017 and Crl.P.No.3896/2019 disposed of

on 10th day of February, 2022.

4. The complaint does not indicate as to whether,

the authority had initiated proceedings against a person

who had been appointed under clause 24 of the Fertilizer

(Control) Order.

5. In that view of the matter, the proceedings had

initiated against the Depot Manager and the Dealer would

not be maintainable. Consequently the proceedings

initiated against the petitioners are quashed

Accordingly, the criminal petition is allowed.

Sd/-

JUDGE EM/CT:BCK