IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 27TH DAY OF JULY, 2017 BEFORE THE HON'BLE MR.JUSTICE ARAVIND KUMAR CRIMINAL PETITION NO.5401 OF 2017 BETWEEN:
Mr. Sanjay Gowda, (Accused No.3) Managing Director of M/s Pacific Ferti Products & Services (P) Ltd., Uppara Hosa Halli, Shanthigrama Post, Hassan. …Petitioner (By Sri.B.R. Deepak, Advocate) AND:
State of Karnataka, By: Department of Agriculture, Rep by: Fertilizer Inspector, A.R. Prasanna, Joint Director of Agriculture Office, Hagare, Belur. …Respondent (By Sri.S.Rachaiah, HCGP) This criminal petition is filed under Section 482 of Cr.P.C praying to quash the proceedings in C.C.No.799/2014 pending before the learned J.M.F.C., Belur and passed an order of discharge as the complainant has filed to make out a prima facie case in her complaint against the petitioner/accused No.3 for the offence P/U/S 13, 19 (1) (a) and (b) of the Fertilizer (Control) order (As amended in 2006) R/W Sec.3 and 7 of the Essential Commodities Act.
This Criminal petition coming on for Admission, this day, the court made the following:
ORDER This petition is filed under Section 482 of Cr.P.C. for quashing of the proceedings in C.C. No.799/2014 pending on the file of the Judicial Magistrate First Class, Belur.
2. The Agricultural Officer cum Fertilizer Inspector, Department of Agriculture, Hagare, Belur Taluk, Hassan District, filed a private complaint under Section 200 of Cr.P.C. on 05.06.2014 against the petitioner and two other persons requesting the jurisdictional Court to take cognizance of the offences punishable under Sections 13, 19 (1) (a) & (b) of the Fertilizer (Control) Order, 1985 read with Section 3 and 7 of the Essential Commodities Act, 1955 said to have been committed by petitioner. It was alleged that petitioner – Accused No.3 is the manufacturer and liable to be penalized for manufacturing sub- standard quality fertilizer and supplying it to accused No.2 and accused No.2, in turn having sold to accused No.1, as a dealer, for being sold to farmers.
3. Learned counsel for the petitioner contends that present petitioner, is the Managing Director of the firm M/s Pacific Ferti Products & Services (P) Ltd., Upparahosahalli post, Shantigrama Hobli, Hassan Taluk and complaint is not maintainable against the petitioner, since, Government order bearing No.FRT/TA-2/FC-No.99-2000-2001-02 dated 14.02.2002 – Annexure-A issued by the Department of Agriculture, Commissionerate of Agriculture, Government of Karnataka would disclose that appointment of an officer is mandatory for compliance of Fertilizer (Control) Order, by all the Fertilizer manufacturing industries and pursuant to same and in compliance of said Government Order, the fertilizer manufacturer has to nominate person/s for compliance of Clause 24 of the Fertilizer Control order and contends that some of the manufacturers have nominated Regional Manager, Branch Manager, Chief Manger Marketing, General Manager (Marketing), Area Sales Manager, Sales Executive etc. and in case of report of manufacturer of sub- standard fertilizers, the department launches prosecution before the Court of law against the concerned manufacturers and dealers. The said communication would also disclose that it is not appropriate to launch prosecution against persons who are not responsible for production or quality control of fertilizer products. Persons connected with Marketing Sales of fertilizers cannot be held responsible for quality of a fertilizer product. Hence, it is contended that it would be obligatory and mandatory on the part of the manufacturers to furnish the name, designation and address of the persons alongwith their bio-data who are connected with and responsible for production and there is quality control of the fertilizers and also indicating the rank of such persons and such persons should not be below the rank of Manager – Production or Manager Quality Control. Hence, it is contended continuation of proceedings against petitioner is to be quashed. Pursuant to communication dated 14.02.2002, the manufacturer of fertilizer in the instant case is said to have appointed as officer which is said to be in compliance of mandate of Fertilizer Control Order by communication dated 01.01.2012 Annexure – A and B7.
4. A perusal of Government Order dated 14.02.2002 and also Control Order as well as communication dated 01.01.2012 Annexure-B7 issued by Fertilizer Manufacturer would disclose that one Sri. Venkataswamy an employee/officer, is incharge as Quality Supervisor and the details thereof has been furnished to the complainant namely the Director of Agriculture. When such officer is nominated, it is said person who may be liable for prosecution before the Court of law as per Government Order dated 14.02.2002 and Fertilizer Control order and not the Managing Director of Fertilizer Manufacturing Unit or Factory and he would not be responsible for production and quality control of fertilizes so manufactured.
5. In the light of the said communication dated 01.01.2012 (Annexure-B7) clearly disclosing that one Sri.Venkataswamy–Quality Supervisor having been named as an officer, the complaint in question against the petitioner-accused No.3 would not be maintainable.
6. In fact, under similar consideration, Co- ordinate Bench in Criminal Petition No.2134/2017 by its order dated 07.06.2017, has accepted the plea of the accused who incidentally happened to be same accused and had quashed the proceedings. This court finds that no other view can be taken in the light of the said order also.
7. In view of the afore stated facts and circumstances, this Court is of considered view that there is no legal impediment to quash the proceedings as prayed for and proceedings against petitioner would be an abuse of process of law. Hence, the following:-
ORDER (i) Criminal Petition is hereby allowed.
(ii) Proceedings in C.C. No.799/2014 pending on the file of JMFC, Belur stands quashed in so far as petitioner (Accused-3).
(iii) Petitioner is acquitted of the offences punishable under Sections 13, 19 (1) (a) & (b) of the Fertilizer (Control) Order, 1985 (amended in 2006) read with Section 3 and 7 of the Essential Commodities Act.
All pending applications do not survive for consideration and they stand disposed of.
SD/- JUDGE MH/-