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
-1-
NC: 2024:KHC-D:855
CRL.P No. 100082 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. 100082 OF 2024
BETWEEN:
SHRI. MAHESH NAYAK,
AGE. 52 YEARS, MANUFACTURER,
ZUARI AGRO CHEMICALS LTD.,
JAIKISAN BHAVAN, ZUARI NAGAR,
GOA-403726.
... PETITIONER
(BY SRI. M.J. PEERJADE, ADVOCATE)
AND:
THE STATE OF KARNATAKA,
THROUGH B. SHEKHARAPPA,
FERTILIZER INSPECTOR AND
ASSISTANT DIRECTOR OF AGRICULTURE,
OFFICE OF THE ASSISTANT DIRECTOR OF AGRICULTURE,
KUSHTAGI, R/BY S.P.P. HIGH COURT OF KARNATAKA,
BENCH: DHARWAD.
... RESPONDENT
(BY SRI. P.N. HATTI, HCGP)
MANJANNA THIS CRIMINAL PETITION IS FILED U/S 482 OF CR.P.C.,
E
SEEKING TO THE COMPLAINT AND CHARGE SHEET SUBMITTED IN
Digitally signed
by MANJANNA E
Date: 2024.01.17 CRIMINAL CASE NO.654/2023 PENDING ON THE FILE OF ADDL.CIVIL
16:53:13 +0530
JUDGE AND JMFC COURT, KOPPAL OF THE OFFENCES U/S 7 OF THE
ESSENTIAL COMMODITIES ACT 1956 AGAINST THE
PETITIONER/ACCUSED NO.1 BE QUASHED.
THIS PETITION, COMING ON FOR ADMISSION, THIS DAY, THE
COURT MADE THE FOLLOWING:
-2-
NC: 2024:KHC-D:855
CRL.P No. 100082 of 2024
ORDER
1. This criminal petition is filed by the petitioner
seeking to quash the proceedings in Criminal Case No.
654/2023 pending on the file of Addl. Civil Judge and JMFC
Court, Koppal for the offence punishable under Section 7 of the
Essential Commodities Act, 1956.
2. The allegation in the complaint is that the second
accused was selling substandard fertilizers prepared by the first
accused/petitioner and the petitioner was an employee of the
Zuari Agrochemicals Limited.
3. 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-
standard quality. The learned Magistrate after
NC: 2024:KHC-D:855
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.
NC: 2024:KHC-D:855
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
NC: 2024:KHC-D:855
specified under Section 10 of the Essential
Commodities Act, 1955.
4. 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
