The learned High Court Government Pleader

accepts notice for respondent No.1.

2.

A private complaint is filed under Section 200

of the Code of Criminal Procedure, 1973, alleging that on

23.11.2015, the complainant inspected the fertilizer

godown of the petitioner and drew sample of complex

fertilizer manufactured by accused No.2 and sent it to

the lab for analysis. The lab furnished a report stating

that the fertilizer in question is of sub-standard one. The

learned Magistrate took cognizance of the offences

punishable under Sections 3 and 7 of the Essential

Commodities Act and Clause 18 of the Fertilizer (Control)

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Order, 1985. Taking exception to the same, this petition

is filed.

3.

The

learned

counsel

appearing

for

the

petitioner submits that the complainant having not

arraigned the company as an accused, which is the

manufacturer of the fertilizer, the petitioner-accused

No.1 cannot be held vicariously guilty of the offence as

specified under Section 10 of the Essential Commodities

Act.

4.

On the other hand, the learned High Court

Government Pleader appearing for the respondent-State

submits that the petitioner was found in possession of

the fertilizer of sub-standard quality which is an offence

punishable

under

the

provisions

of

the

Essential

Commodities Act and the Fertilizer (Control) Order,

1985. Hence, the learned Magistrate has rightly taken

cognizance of the aforesaid offences against the

petitioner-accused No.1.

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5.

I have considered the submissions made by

the learned counsel for the parties.

6.

It is undisputed that the fertilizer alleged to

be of sub-standard quality was manufactured by Zuari

Agro

Chemicals

Pvt.

Ltd.,

Goa.

However,

the

complainant without arraigning the company as an

accused has filed the complaint. Section 10 of the

Essential Commodities Act specified that if the person

contravening an order made under section 3 is a

company,

every

person

who,

at

the

time

the

contravention was committed, was in charge of, and was

responsible to, the company for the conduct of the

business of the company as well as the company, shall

be deemed to be guilty of the contravention and shall be

liable to be proceeded against and punished accordingly.

Hence, in the absence of the company having not been

arraigned as an accused in the complaint, the petitioner

cannot be held vicariously guilty of the contravention,

who is a retail dealer of the fertilizer. Hence, the

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complaint against the petitioner-accused No.1 is liable to

be quashed. Hence, I pass the following:

ORDER

The criminal petition is allowed. The impugned

proceedings in C.C. No.1223/2021 pending on the file of

the Principal Civil Judge and JMFC, Kagawad, insofar as

it relates to the petitioner-accused No.1 is concerned is

hereby quashed.

Sd/-

JUDGE

KMS