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BENCH AT KALBURAGI
SHARANBASAVA – Appellant
Versus
THE STATE OF KARNATAKA – Respondent


Learned counsel for the petitioner filed a memo

showing name of responsible officer of accused No.3 -

Company as responsible officer.

The memo is placed on record.

The petitioner/accused No.1 has filed this petition

under Section 482 of the Code of Criminal Procedure,

1973,

(for

short,

'Cr.P.C.')

praying

to

quash

the

proceedings in Criminal Case No.4414 of 2023 for the

offences

punishable

under

Clause

8

and

Clause

19(c)(i)(v)(vi) of the Fertilizer Control Order, 1985, and

under

Sections

3 and

7(1)(a)(ii)

of

the

Essential

- 3 -

Commodities Act, 1955 (for short, 'E.C. Act'), pending on

the file of the Principal Civil Judge and Judicial Magistrate

First Class, Shorapur, Yadgir.

2. Heard the learned counsel for the petitioner and

the learned High Court Government Pleader for the

respondent-State

3. The factual matrix of the case are that on

24-11-2022 at 4.30 p.m., the complainant visited the shop

of the petitioner and found stock of Kranti (contains

Organic Zinc 9.12%) which is neither a fertilizer as per

Schedule-1 Part-A or Schedule-IV Part-A of the Fertilizer

(Inorganic, Organic or Mixed) Control Order, 1985. Hence,

he seized the stock and reported to the Deput

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