Only Authorised Person Responsible For Quality Control Of Fertiliser Products Can Be Prosecuted, Not Directors Of Company: Karnataka High Court

The Karnataka High Court has quashed criminal prosecution initiated against one Amith M Jain, Managing director of a company who was charged under sections 3 (1), 13 (2), 19 (b) of the Fertilizer Control Order, 1985, read with Sections 3(2)(d) of Essential Commodities Act, 1955.

A single judge bench of Justice S Vishwajit Shetty said,

“The material on record would go to show that the petitioner is only the Managing Director of the company and in view of the Government Order dated 14.02.2002, only persons who are responsible for production of quality control of the fertiliser products can be prosecuted.”

In the case at hand, petitioner had nominated one Pream Anand.S. as the Authorised Officer on behalf of the company with regard to quality aspects of the Fertilizer Control Order.

Accordingly, the Court held “The Petitioner has authorised one Pream Anand.S, on behalf of the company for the purpose of complying the provisions of the Fertilizer Control Order, 1985. Therefore, the proceedings initiated against the petitioner for the alleged offences cannot be sustained.”

Appearance: Advocate Deepak B R for Petitioner.

HCGP K.P.Yashoda for Respondent

Citation No: 2024 LiveLaw (Kar) 143

Case Title: Amith M Jain AND State of Karnataka

Case No: CRIMINAL PETITION NO. 6425 OF 2023

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