The petition coming on for admission is heard for final disposal given the circumstances of the case.
The present petitioner is said to be the Managing Director of a company which manufactures fertilizers. It transpires that a case has been institution for violation of the Fertilizers (Control) Order, 1985 read with Sections 3 and 7 of the Essential Commodities Act, 1955 and the present petitioner in his capacity as a Managing Director of the company has arraigned as accused No.3. It is pointed out that there is a Government Order issued by the Department of Agriculture bearing No.FRT/TA-2/FC nO.99-2000/2001-02 which requires the appointment of an officer for compliance of Fertilizer (Control) Order in the nature and pursuant to which the petitioners company has named an officer namely one Venkat Swamy, who was the Manager, Production at the relevant point of time has been nominated. Therefore it would be appropriate for the complainant to proceed against the said officer as one of the accused and not the present petitioner who is the Managing Director as he would not be answerable for any violation of the Fertilizer (Control) Order in terms of the scheme under which the Fertilizer (Control) Order is sought to be implemented. Accordingly, the petition is disposed of with a direction to the court below to delete the name of the petitioner as the accused and to name Sri Venkat Swamy, Manager, Production of the said company as the accused instead of the present petitioner.
Sd/- JUDGE