Karnataka High Court
Shri Mahesh Nayak vs The State Of Karnataka on 16 January, 2024
Author: N.S.Sanjay Gowda
Bench: N.S.Sanjay Gowda
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NC: 2024:KHC-D:856
CRL.P No. 100084 of 2024
IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH
DATED THIS THE 16TH DAY OF JANUARY, 2024
BEFORE
THE HON'BLE MR JUSTICE N.S.SANJAY GOWDA
CRIMINAL PETITION NO. 100084 OF 2024
BETWEEN:
1. SHRI. MAHESH NAYAK,
AGE. 52 YEARS, CHIEF MANAGER,
ZUARI AGRO CHEMICALS LTD.,
JAIKISAN BHAVAN, ZUARI NAGAR,
GOA-403726.
2. VITHAL B. SHETTAR,
AGE. 38 YEARS,
OCC. OWNER LAXMI AGRO CENTER,
KUSHTAGI, PIN-583277.
... PETITIONERS
(BY SRI. M.J. PEERJADE, ADVOCATE)
AND:
THE STATE OF KARNATAKA,
THROUGH NAGANGOUDA POLICE PATIL
FERTILIZER INSPECTOR AND
ASSISTANT DIRECTOR OF AGRICULTURE,
OFFICE OF THE ASSISTANT DIRECTOR
MANJANNA OF AGRICULTURE, KUSHTAGI,
E
R/BY S.P.P. HIGH COURT OF KARNATAKA,
Digitally signed
by MANJANNA E
BENCH: DHARWAD.
Date: 2024.01.17
16:53:20 +0530
... RESPONDENT
(BY SRI. P.N. HATTI, HCGP)
THIS CRIMINAL PETITION IS FILED U/S 482 OF CR.P.C.,
SEEKING TO THE COMPLAINT AND CHARGE SHEET SUBMITTED IN
CRIMINAL CASE NO.18/2023 PENDING ON THE FILE OF PRL.CIVIL
JUDGE AND JMFC COURT, KUSHTAGI OF THE OFFENCES U/S 7 OF
THE ESSENTIAL COMMODITIES ACT 1956 AGAINST BOTH THE
PETITIONERS/ACCUSED NO.1 AND 2 BE QUASHED IN THE
INTERESTS OF JUSTICE.
THIS PETITION, COMING ON FOR ADMISSION, THIS DAY, THE
COURT MADE THE FOLLOWING:
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NC: 2024:KHC-D:856
CRL.P No. 100084 of 2024
ORDER
1. This petition is filed by the petitioner seeking to
quash the proceedings in CC.No.18/2023 registered for the
offence punishable under Section 7 of the Essential
Commodities Act, 1956, pending on the file of the Prl. Civil
Judge and JMFC, Kushtagi.
2. Learned counsel for the petitioner submits that the
issue in the lis stands covered by the order passed by a Co-
ordinate Bench of this Court in Crl.P.No.103782/2022, disposed
of on 28.11.2022.
3. Learned High Court Government Pleader appearing
for the respondent/State does not dispute the position of law.
4. A Co-ordinate Bench of this Court in
Crl.P.No.103782/2022, disposed of on 28.11.2022 has held as
follows:
ORDER
2. A private complaint was filed under
Section 200 of Cr.P.C. by the respondent for the
offences punishable under Sections 7(a)(i)(ii) of
the Essential Commodities Act, 1955 alleging that
the fertilizer manufactured by Mangalore
Chemicals and Fertilizers Limited was of sub-
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standard quality. The learned Magistrate after
perusal of the complaint, took cognizance of the
aforesaid offences and issued summons. Taking
exception to the same, the petitioner-accused
No.2 is before this Court.
3. Learned counsel appearing for the
petitioner submits that the complaint filed by the
respondent without arraying the Company as an
accused is not maintainable, since the petitioner-
accused No.2 who is Manager quality control of
the Company cannot be held vicariously guilty of
the aforesaid offences as specified under Section
10 of the Essential Commodities Act, 1955.
4. On the other hand, the learned HCGP
appearing for the respondent-State submits that
the petitioner-accused No.2 who is the Manager
quality control of the Company is responsible for
maintaining the quality of the fertilizer
manufactured by the Company and as such, the
learned Magistrate has rightly taken cognizance of
the aforesaid offences and the same does not
warrant any interference.
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5. I have examined the submissions
made by the learned counsel for the parties.
6. Section 2(a) of the Fertilizer
(Control) Order, 1985 specifies that "Act"
means the Essential Commodities Act, 1955.
Section 10 of the Essential Commodities Act,
1955 specifies that if the person contravening
an order made under Section 3 is a company,
every person who, at the time the
contravention was committed, was in charge
of, and was responsible to, the company for
the conduct of the business of the company as
well as the company, shall be deemed to be
guilty of the contravention and shall be liable
to be proceeded against and punished
accordingly. Hence, to hold the officer of the
Company vicariously guilty, the Company
should be arrayed as an accused.
7. In the instant case, the
Company having not been arrayed as an
accused, the petitioner cannot be held
vicariously guilty of the aforesaid offences as
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specified under Section 10 of the Essential
Commodities Act, 1955.
5. In the light of the above said judgment, initiation of
the Criminal Proceedings against an employee of the Company
in the absence of arraigning the Company as an accused would
vitiates the criminal proceedings and hence, the impugned
proceedings are quashed.
Sd/-
JUDGE
VB
CT:BCK
