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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