The court emphasized the necessity of impleading the manufacturer under Section 10 of the Essential Commodities Act for valid proceedings.

ORAL ORDER

(PER: HON'BLE MR. JUSTICE V SRISHANANDA)

Heard Kum.Vaishnavi Mangane, Advocate for Sri Avinash A. Uplaonkar, learned counsel for petitioner and Smt. Arati Patil, learned High Court Government Pleader.

2. Present petition is filed under Section 528 of Bharatiya Nagarik Suraksha Sanhita -2025, with the following prayer:

“WHEREFORE, it is prayed that the Hon’ble Court be pleased to exercise inherent powers u/ Section 528 of BNSS examine the records and quash the proceedings in C.C.No.1722/2023, for the offence u/S 19(a) and (b) of Fertilizer (Control) Order , 1985 and Section 3 and 7 of Essential Commodities Act , 1955, pending before Civil Judge and JMFC, Yadgir, against the petitioners, in the interest of justice and equity.”

3. Facts of the case in brief which are utmost necessary for disposal of the present petition are as under:

Respondent-complainant said to have visited the shop of the petitioner on 04.09.2024 and inspected the shop and seen the fertilizer 17:17:17 which was being stocked in the shop for the purpose of selling to the farmers. 60 bags of such fertilizers were seized and samples were drawn and sent for chemical examination. After receipt of the report it was found that the fertilizer which was stored and stocked for selling to farmers were of substandard quality and thereby, petitioner has committed an offence under Clause 19(a) and (b) of the Fertilizer (Control) Order , 1985 and Sections 3 and 7 of the Essential Commodities Act , 1955.

4. Petitioner is before this Court on the ground that the manufacturer is not impleaded as party as is required under Section 10 of the Essential Commodities Act .

5. On perusal of the petition, compliance has not been made by the complainant and therefore, taking cognizance and summoning the petitioner cannot be countenanced in law.

6. This Court, in similar matters in Crl.P.No.200052/2023 and connected matters has taken said view and has quashed the pending proceedings. Therefore, order taking cognizance needs to be quashed.

7. Hence, the following:

ORDER

(i) Criminal Petition is allowed.