Shri More Agro Fertilizers Vs the State of Karnataka

BY ITS DISTRIBUTOR SHRI.SOURABH S/O RAJENDRA CHOUGULE AGED 44 YEARS, OCC.BUSINESS DISTRIBUTOR, M/S WESTERN BIO ORGANICS 3^RD FLOOR, ROYAL GANESH PLAZA OPPOSITE GHATGE PATIL SHOWROOM, 100 FEET ROAD SANGLI – 416 416 (MAHARASHTRA STATE) …PETITIONERS

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(BY SRI. BAPUGOUDA SIDDAPPA, ADVOCATE)

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AND:

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THE STATE OF KARNATAKA R/BY ASSISTANT AGRICULTURE DEPARTMENT (SQUAD-2)

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AND SEEDS INSPECTOR JOINT AGRICULTURE DIRECTOR OFFICER VIJAYAPURA TQ. AND DIST. VIJAYAPURA-586 103

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…RESPONDENT

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(BY SMT.ANITHA REDDY, HCGP)

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THIS CRIMINAL PETITION IS FILED UNDER SECTION 482 OF CR.P.C.(OLD), U/S 528 OF BNSS (NEW) PRAYING TO QUASH THE ORDER OF COGNIZANCE DATED 08-09-2023 PASSED BY THE CIVIL JUDGE AND JMFC INDI, IN CC NO. 3705/2023 FOR THE OFFENCES PUNISHABLE U/S 19(A) OF THE FERTILIZER ACT 1985 AND SECTION 3 AND 7 OF THE ESSENTIAL COMMODITIES ACT, IN THE INTEREST OF JUSTICE AND EQUITY.

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THIS CRIMINAL PETITION COMING ON FOR ADMISSION THIS DAY, ORDER WAS MADE THEREIN AS UNDER:

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HC-KAR

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CORAM: HON'BLE MR. JUSTICE S RACHAIAH

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ORAL ORDER

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(PER: HON'BLE MR. JUSTICE S RACHAIAH)

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The petitioners/accused Nos.1, 4 and 5 are before this Court seeking to quash the order of taking cognizance dated 08.09.2023 passed in C.C.No.3705/2023 by the Civil Judge and JMFC, Indi for the offences punishable under Sections 3, 7 of the Essential Commodities Act, 1955 (for short ‘E.C Act’) and Section 19(A) of Fertilizer (Control) Order, 1985 .

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Factual matrix of the case

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The respondent being a Fertilizer Inspector and Assistant Director of Agriculture, filed a complaint against the accused persons alleging that on 03.03.2023, the complainant inspected the shop of accused No.1 and found that the fertilizers which was stored in the shop was not permitted under the license. Thereby, accused No.1 violated Clause 28(1)(d) of Fertilizer (Control) Order, 1985. Therefore, the Inspector seized the fertilizers under the Mahazar and stored in

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HC-KAR

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the office of the Agricultural Director and information was sent to the Deputy Commissioner.

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It is further submitted that accused No.1 has sold the said fertilizers by violating Clause 19(A) of Fertilizer (Control) Order, 1985 and committed offences punishable under Sections 3 and 7 of E.C. Act.

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Heard Sri.Bapugouda, learned counsel for the petitioners and Smt.Anitha Reddy, learned High Court Government Pleader for respondent - State.

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It is the submission of learned counsel for the petitioners that the petitioners are innocent of the alleged offences and they have been falsely implicated in this case.

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It is further submitted that the bio-stimulates are mixture of micro nutrients and amendment to the Fertilizer Control Order 1985 was brought into force as Fertilizer (Inorganic, Organic or mixed), (control) Order 1985 on 08.05.2024. Prior to that, the Ministry of Agriculture and Farmers Welfare has issued an order on 17.05.2023, wherein proviso was added to sub-clause (3) of clause (8) of Fertilizer

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HC-KAR

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Control Order, wherein the period of three years was given to obtain the authorization letter under sub-clause (3) of clause (8). Hence, the impugned proceedings are unsustainable.

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It is further submitted that the petitioners have not committed any alleged offences and they have not violated any provisions of the Act as per the averments of the complaint. Therefore, the petition has to be allowed and the proceedings has to be quashed.

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Per contra , the learned HCGP for respondent - State vehemently substantiated the registration of the complaint and taking cognizance by the Trial Court and prays to dismiss the petition.

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Having heard learned counsel for the respective parties and also perused the documents available on record, the learned counsel for the petitioners made available Annexure-C issued by Ministry of Agriculture and Farmers’ Welfare on 2^nd August, 2021 wherein Sl.No.6, a uniform procedure to be laid down for issuance of G-3 form would indicate as under:

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“As per the Notification dated 23^rd February, 2021 manufacturers are required to submit an

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HC-KAR

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application in Form G-1 to the Controller of Fertilizers (i.e. Joint Secretary (INM), DAC&FW) along with a certificate from the State Government in G-2 Form. On receipt of application from the manufacturer along with G-2 Form issued by at least one State Government, Controller of Fertilizers, after due scrutiny and following the prescribed procedure, will issue certificate of provisional registration under clause 20 C of FCO, in Form G-3 to the manufacturer.

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Once a product is provisionally registered, a bio-stimulant manufacturer is authorized to sell such provisionally registered produced in the country. Other States may consider issue of authorization letter to the manufacturer based on the Provisional registration.”

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Having considered the said notification, it can be held that fertilizers of which accused No.1 was selling, comes under the schedule. Further, the learned counsel for the petitioners submits that the provisional registration has been obtained by the Company in order to sell the fertilizer. Therefore, it is appropriate to consider the said submissions.

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Having considered the submissions of learned counsel for the petitioners and Notification issued by the Central

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HC-KAR

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Government, I am of the considered opinion that this is a fit case to exercise power vested under Section 482 of Cr.P.C. to quash the proceedings in order to secure ends of justice. Therefore, the petition deserves to be allowed.

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In the light of the above, I proceed to pass the

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following:

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ORDER

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(i) The Criminal Petition is allowed.

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(ii) The order of cognizance dated 08.09.2023 passed in C.C.No.3705/2023, by the Civil Judge and JMFC, Indi for the offences punishable under Sections 3, 7 of the Essential Commodities Act, 1955 and Section 19(A) of Fertilizer (Control) Order, 1985 stands quashed.

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Sd/(S RACHAIAH) JUDGE

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UN

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List No.: 19 Sl No.: 5

Shri More Agro Fertilizers v. the State of Karnataka

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Shri More Agro Fertilizers v. the State of Karnataka

Case brief

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