[Cites 6, Cited by 0]
Karnataka High Court
Harihark J vs The State Of Karnataka on 18 March, 2026
Author: Shivashankar Amarannavar
Bench: Shivashankar Amarannavar
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CRL.P No. 100618 of 2024
HC-KAR
IN THE HIGH COURT OF KARNATAKA AT DHARWAD
DATED THIS THE 18TH DAY OF MARCH 2026
BEFORE
THE HON'BLE MR. JUSTICE SHIVASHANKAR AMARANNAVAR
CRIMINAL PETITION NO.100618 OF 2024
(482(Cr.PC)/528(BNSS))
BETWEEN:
HARIHAR J.,
AGE: 45 YEARS, OCC: SENIOR MANAGER,
QUALITY CONTROL, MANGALURU CHEMICALS
AND FERTILIZERS LTD., PANAMBURU,
MANGALURU-575001.
...PETITIONER
(BY SRI. RAKESH S.HATTIKATAGI, ADVOCATE)
AND:
VISHAL
NINGAPPA THE STATE OF KARNATAKA
PATTIHAL BY ASSISTANT DIRECTOR OF AGRICULTURE
AND FERTILIZER INSPECTOR, KUMTA,
Digitally signed by
VISHAL NINGAPPA
OFFICE OF THE ASSISTANT DIRECTOR OF
PATTIHAL
Location: HIGH
AGRICULTURE, KUMTA, DIST: UK,
COURT OF
KARNATAKA REPRESENTED BY STATE PUBLIC PROSECUTOR,
DHARWAD BENCH
HIGH COURT OF KARNATAKA,
DHARWAD BENCH-580011.
...RESPONDENT
(BY SRI. JAIRAM SIDDI, HCGP FOR R1)
THIS CRIMINAL PETITION IS FILED U/S 482 OF CR.P.C.,
SEEKING TO ALLOW THE PETITION AND QUASH THE ENTIRE
PROCEEDINGS AS AGAINST THE PETITIONER (ACCUSED NO.5)
IN CC NO.654/2019 (ARISING OUT OF P.C. NO.201/2019)
PENDING BEFORE JMFC, KUMTA FOR THE ALLEGED
OFFENCES PUNISHABLE U/S 7 AND 9 OF ESSENTIAL
COMMODITIES ACT R/W SECTION 34 OF IPC.
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CRL.P No. 100618 of 2024
HC-KAR
THIS CRIMINAL PETITION COMING ON FOR ADMISSION
THIS DAY, ORDER WAS MADE THEREIN AS UNDER:
CORAM: THE HON'BLE MR. JUSTICE SHIVASHANKAR AMARANNAVAR
ORAL ORDER
1. This Criminal Petition is filed by the present
petitioner (accused No.5) under Section 482 of the Code of
Criminal Procedure, seeking to quash the entire proceedings
pending against him in C.C. No.654 of 2019, arising out of
P.C. No.201 of 2019, on the file of the JMFC, Kumta,
registered for the offences punishable under Sections 7 and 9
of the Essential Commodities Act read with Section 34 of the
Indian Penal Code.
2. Heard the learned counsel appearing for the
petitioner and the learned High Court Government Pleader
appearing for the respondent-State.
3. Learned counsel appearing for the petitioner
contends that the petitioner, who has been arrayed as
accused No.5, is not a Quality Control Officer appointed by
accused No.1. Accused No.1 is the manufacturer of fertilizers
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HC-KAR
and has appointed a Quality Control Officer under Rule 24 of
the Fertilizer Control Order, 1985. The petitioner is appointed
as a Quality Control Officer by accused No.3, namely
Mangalore Chemicals and Fertilizers Ltd., which not only
manufactures fertilizers but also distributes the fertilizers
produced by other manufacturers, including accused No.1.
Since the petitioner (accused No.5) is not appointed as a
Quality Control Officer by accused No.1, he has no role in
checking the quality of fertilizers allegedly manufactured by
accused No.1. The proceedings against accused Nos.1 and 2
are quashed in Crl. P. No. 102645 of 2022, and against
accused Nos.3 and 4 in Crl. P. No. 102168 of 2019. On these
grounds, the learned counsel for the petitioner prays to allow
this criminal petition.
4. Per contra, the learned High Court Government
Pleader placed on record the report submitted by the
Assistant Director of Agriculture, Kumta, contending that the
petitioner is not the Quality Control Officer appointed by
accused No.1, namely Samukta Agro Tech Private Limited,
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Dharwad. Accused No.5 has worked as a Quality Control
Officer under accused No.3, namely Mangalore Chemicals &
Fertilizers (the marketing company), at Mangalore.
5. Having heard the learned counsel for the petitioner
and the learned High Court Government Pleader for the
respondent-State, and upon perusal of the material placed on
record, it is seen that the Assistant Director of Agriculture,
namely Shankar Ganapati Hegde, has filed a complaint in
P.C. No. 201 of 2019 on the file of the JMFC, Kumta, against
accused Nos.1 to 6. In the said complaint, it is alleged that
accused No.1 is the manufacturer of fertilizers and supplied it
to Accused No.3, who in turn supplied it to accused No.6, who
is a retailer. The fertilizer found with accused No.6, the
retailer, was of substandard quality.
6. As per the averments in the complaint, there is no
allegation that accused No.3 has manufactured the fertilizers
found in the shop of accused No.6, the retailer. The petitioner
(accused No.5) is a Quality Control Officer appointed by
accused No.3.
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HC-KAR
7. This Court directed the learned High Court
Government Pleader to ascertain whether the petitioner
(accused No.5) is a Quality Control Officer appointed by
accused No.1. In reply, the learned High Court Government
Pleader has placed on record the report submitted by the
Assistant Director of Agriculture, Kumta. In the said report, it
is stated that accused No.1, namely Samukta Agro Tech
Private Limited, Dharwad, has appointed its own Quality
Control Officer. It is further stated that accused No.5 has
worked as a Quality Control Officer in Mangalore Chemicals &
Fertilizers (the marketing company), Mangalore namely
accused No.3. Thus, the petitioner (accused No.5) has worked
under accused No.3, which has not manufactured the
fertilizers found in the premises of accused No.6, the retailer,
which were of substandard quality.
8. Considering the above aspects, the offences alleged
against the petitioner are not attracted. Hence, the following:
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ORDER
(i) The petition is allowed.
(ii) The proceedings against the petitioner
(Accused No. 5) in C.C. No. 654 of 2019,
arising out of P.C. No. 201 of 2019, pending
on the file of the JMFC, Kumta, for the
offences punishable under Sections 7 and 9
of the Essential Commodities Act, are hereby
quashed.
Sd/-
(SHIVASHANKAR AMARANNAVAR)
JUDGE
VNP / CT: VH
List No.: 1 Sl No.: 13
