A company must be arrayed as an accused for its officer to be vicariously liable under the Essential Commodities Act, 1955.

(PER: THE HON'BLE MR. JUSTICE S.VISHWAJITH SHETTY)

Learned HCGP is directed to take notice for respondent.

2. Petitioner is before this Court under Section 482 of Cr.P.C. with a prayer to quash the entire proceedings in C.C. No.22 of 2019 pending before the Court of I Additional Civil Judge and JMFC, Saundatti arising out of PCR No.220 of 2018 for offences punishable under Clause 19 of the Fertilizer Control Order, 1985 and Sections 3 and 7 of the Essential Commodities Act, 1955 .

3. Learned counsel for the petitioner submits that proceedings against accused No.2 has been quashed by this Court in Criminal Petition No.104078/2022 for the reason that company is not made as party to the impugned criminal proceedings which is the requirement of Section 10 of the Essential Commodities Act.

4. Learned HCGP does not dispute the said submission made by learned counsel for the petitioner.

5. This Court in Criminal Petition No.104078/2022 has quashed the impugned criminal proceedings insofar as it relates to accused No.2. In paragraph Nos.6 and 7 of the said order, it is observed as follows:

“6. Section 2(a) of the Fertilizer (Control)

Order, 1985 specifies that "Act" means the Essential Commodities Act, 1955 . Section 10 of the Essential Commodities Act, 1955 specifies 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, to hold the officer of the Company vicariously guilty, the Company should be arrayed as an accused.

7. In the instant case, the Company having not been arrayed as an accused, the petitioner cannot be held vicariously guilty of the aforesaid offences as specified under Section 10 of the Essential Commodities Act, 1955 . Accordingly, I pass the following:

ORDER Criminal Petition is allowed. The impugned proceedings in C.C. No.22/2019 pending on the file of the I Additional Civil Judge and JMFC, Savadatti, insofar it relates to the petitioner accused No.2 is hereby quashed.”

6. The said reasoning is squarely applicable to the case of the petitioner. Therefore, I am of the opinion that this petition needs to be allowed. Accordingly, the following:

ORDER Criminal Petition is allowed.

The order dated in C.C. No.22 of 2019 pending before the Court of I Additional Civil Judge and JMFC, Saundatti arising out of PCR No.220 of 2018 for offences punishable under Clause 19 of the Fertilizer Control Order, 1985 and Sections 3 and 7 of the Essential Commodities Act, 1955 is quashed.