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AMICUS AI
Citation Codes
Neutral Citations
2024 KHC 8148
Equivalent Citations
citation codes
Case Number
Disposition
Attorney(S)
Judges
Acts
  • EC. 3(2)(d) OF THE ESSENTIAL COMMODITIES ACT, 1955.
  • Sections 13(1), 13(2), 19(b) of the Fertilizer Control Order, 1985, read with Sections 3(2)(d) of Essential Commodities Act, 1955.
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Cites
Cited by
Citation Codes
Neutral Citations
2024 KHC 8148
Equivalent Citations
citation codes
Case Number
Disposition
Attorney(S)
Judges
Acts
  • EC. 3(2)(d) OF THE ESSENTIAL COMMODITIES ACT, 1955.
  • Sections 13(1), 13(2), 19(b) of the Fertilizer Control Order, 1985, read with Sections 3(2)(d) of Essential Commodities Act, 1955.
Smart Summary

Factual and Procedural Background

This petition under Section 482 of the Criminal Procedure Code was filed by Amith M. Jain, Managing Director of Mahaveer Industries, seeking to quash criminal proceedings pending in C.C.No.908/2022 before the Senior Civil Judge and JMFC, Nagamangala. The proceedings related to alleged offences punishable under Sections 13(1), 13(2), 19(b) of the Fertilizer Control Order, 1985, read with Section 3(2)(d) of the Essential Commodities Act, 1955. The petitioner contended that prosecution should not be sustained against him as he had delegated responsibility for quality control compliance to an authorized officer within the company, relying on a Government order dated 14.02.2002.

Legal Issues Presented

  1. Whether the criminal proceedings against the petitioner, as Managing Director but not personally responsible for quality control of fertilizer products, can be sustained under the Fertilizer Control Order, 1985 and the Essential Commodities Act, 1955.
  2. Whether delegation of authority to an authorized officer exempts the petitioner from prosecution for alleged violations under the relevant statutes.

Arguments of the Parties

Petitioner’s Arguments

  • The petitioner submitted that a Government order dated 14.02.2002 exempts persons not responsible for production or quality control of fertilizer products from prosecution.
  • He contended that he had nominated Sri Pream Anand S. as the Authorized Officer responsible for quality compliance under the Fertilizer Control Order, 1985.
  • The petitioner produced Form-A2 issued by the Government of Karnataka, confirming the authorization of Sri Pream Anand S. for compliance purposes.

Respondent’s Arguments

  • The learned HCGP did not dispute the petitioner’s submission regarding delegation of authority.
  • However, the respondent sought liberty for the State to proceed against the concerned person in accordance with law.

Table of Precedents Cited

No precedents were cited in the provided opinion.

Court's Reasoning and Analysis

The court examined the material on record and noted that the petitioner, as Managing Director, was not directly responsible for the production or quality control of fertilizer products. The Government Order dated 14.02.2002 was pivotal, as it stipulated that only persons responsible for production or quality control should be prosecuted. The petitioner had authorized Sri Pream Anand S. to handle compliance with the Fertilizer Control Order, 1985. Given this delegation of responsibility, the court concluded that the criminal proceedings against the petitioner could not be sustained.

Holding and Implications

The petition is allowed and the entire proceedings in C.C.No.908/2022 are quashed.

The direct effect of this decision is that the petitioner is absolved from the criminal prosecution under the specified provisions. However, the order explicitly permits the State to initiate proceedings against the appropriate person responsible for compliance, thereby not foreclosing prosecution against others. No new legal precedent was established by this order.

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    AMITH M. JAIN v. STATE OF KARNATAKA

    - 1 -

    NC: 2024:KHC:8148

    CRL.P No. 6425 of 2023

    IN THE HIGH COURT OF KARNATAKA AT BENGALURU

    DATED THIS THE 27TH DAY OF FEBRUARY, 2024

    BEFORE

    THE HON'BLE MR JUSTICE S VISHWAJITH SHETTY

    CRIMINAL PETITION NO. 6425 OF 2023

    BETWEEN:

    AMITH M. JAIN

    MANAGING DIRECTOR,

    MAHAVEER INDUSTRIES,

    AGED 41 YEARS,

    3/211, SANKAGIRI MAIN ROAD,

    NETHIMIDU SALEM,

    TAMILANADU - 636001 …PETITIONER

    (BY SRI DEEPAK B.R, ADV)

    AND:

    STATE OF KARNATAKA

    DEPARTMENT OF AGRICULTURE,

    REP BY DAYANANDA KUMAR. S

    (FERTILIZER CONTROL OFFICER, FCO)

    RAITHA SAMPARKA KENDRA,

    BELLURU, SAMPARKA KENDRA,

    BELLURU, NAGAMANAGALA

    TALUK - 571418

    MANDYA DISTRICT.

    …RESPONDENT

    (BY SMT. K.P.YASHODA, HCGP)

    THIS CRL.P FILED U/S 482 CR.PC PRAYING TO QUASH THE CRIMINAL PROCEEDINGS PENDING IN C.C.NO.908/2022 BEFORE

    THE LEARNED THE SENIOR CIVIL JUDGE AND JMFC NAGAMANGALAL

    TALUK THE AGAINST THE PETITIONER/ACCUSED NO.2 FOR OFFENCES P/U/S 13(1), 13(2), 19(b) OF THE FERTILIZER CONTROL

    ORDER R/W EC. 3(2)(d) OF THE ESSENTIAL COMMODITIES ACT,

    1955.

    - 2 -

    THIS PETITION, COMING ON FOR ADMISSION, THIS DAY, THE

    COURT MADE THE FOLLOWING:

    ORDER

    1. This petition under Section 482 Cr.PC is filed with a prayer to quash the entire proceedings in C.C.No.908/2022 pending before the Court of Senior Civil Judge & JMFC, Nagamangala, for the offences punishable under Sections 13(1), 13(2), 19(b) of the Fertilizer Control Order, 1985, read with Sections 3(2)(d) of Essential Commodities Act, 1955.

    2. Heard the learned Counsel for the parties.

    3. Learned Counsel for the petitioner submits that the State Government has passed an order dated 14.02.2002, wherein it is stated that the persons who are not responsible for production of quality control of fertilizer products should not be prosecuted. It is the case of the petitioner that he being the Managing Director of the Company, has nominated Sri Pream Anand.S. as the Authorized Officer on behalf of the company with regard to quality aspects of the Fertilizer Control Order, 1985. He has produced Form-A2 issued by the Government of Karnataka which reflects that Pream Anand.S., was authorized

    - 3 -

    by the company for complying the provisions of the Fertilizer Control Order, 1985.

    4. Learned HCGP does NOT dispute the submission made by the learned Counsel for the petitioner. She, however, submits that liberty may be granted to the State to proceed against the concerned person in accordance with law.

    5. The aforesaid submissions made on both sides is placed on record.

    6. The material on record would go to show that the petitioner is only the Managing Director of the company and in view of the Government Order dated 14.02.2002, only persons who are responsible for production of quality control of the fertilizer products can be prosecuted.

    7. In the present case, petitioner has authorized one Sri Pream Anand.S., on behalf of the company for the purpose of complying the provisions of the Fertilizer Control Order, 1985. Therefore, the proceedings initiated against the petitioner for the alleged offences cannot be sustained. Accordingly, the following order:

    - 4 -

    8. Petition is allowed. The entire proceedings in C.C.No.908/2022 pending before the Court of Senior Civil Judge & JMFC, Nagamangala, for the offences punishable under Sections 13(1), 13(2), 19(b) of the Fertilizer Control Order, 1985, read with Sections 3(2)(d) of Essential Commodities Act, 1955, is quashed. However, this order will not come in the way of the respondents herein proceeding against the concerned in accordance with law.

    Sd/-

    JUDGE

    KK

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    AMITH M. JAIN v. STATE OF KARNATAKA
    (Feb 27, 2024)