Case Note & Summary
The petitioner, Mahadevappa S/o Shivappa, proprietor of Veerbhadreshwar Agro Agency, Shahapur, filed a Criminal Petition under Section 482 of the Code of Criminal Procedure, 1973 before the High Court of Karnataka, Kalaburagi Bench, seeking quashing of proceedings in C.C.No.448/2021 (Private Complaint No.73/2021) pending before the Principal Civil Judge and JMFC, Shahapur. The proceedings were initiated for offences under Section 19(1) of the Fertilizer Control Order, 1985 and Sections 3 and 7 of the Essential Commodities Act, 1955. The complaint was filed by the Assistant Agriculture Officer cum Fertilizer Inspector, Department of Agriculture, Shahapur, alleging that on inspection of the petitioner's shop, samples of fertilizer were found to be substandard. The petitioner contended that the complaint was filed without obtaining the necessary sanction as required under the Fertilizer Control Order, 1985, and therefore the proceedings were not maintainable. The court examined the complaint and found that there was no mention of any sanction having been obtained prior to filing the complaint. The court held that the absence of sanction is a fatal defect and the proceedings cannot continue. Accordingly, the court allowed the petition and quashed the entire proceedings in C.C.No.448/2021.
Headnote
A) Criminal Procedure - Quashing of Proceedings - Section 482 CrPC - Sanction for Prosecution - Complaint filed under Section 19(1) of Fertilizer Control Order, 1985 and Sections 3 and 7 of Essential Commodities Act, 1955 - The Assistant Agriculture Officer cum Fertilizer Inspector filed a complaint alleging sale of substandard fertilizer without obtaining prior sanction as required under the Fertilizer Control Order, 1985 - Held that the absence of sanction renders the complaint not maintainable and the proceedings are liable to be quashed (Paras 1-5).
Issue of Consideration
Whether the proceedings initiated against the petitioner under Section 19(1) of Fertilizer Control Order, 1985 and Sections 3 and 7 of Essential Commodities Act, 1955 can be quashed on the ground that the complaint was filed without obtaining necessary sanction as required under the Fertilizer Control Order, 1985.
Final Decision
The court allowed the petition and quashed the entire proceedings in C.C.No.448/2021 (Private Complaint No.73/2021) pending before the Principal Civil Judge and JMFC, Shahapur.
Law Points
- Sanction for prosecution under Fertilizer Control Order
- 1985 is mandatory
- Complaint filed without valid sanction is not maintainable
- Inherent powers under Section 482 CrPC can be invoked to quash proceedings without sanction
