The Karnataka High Court at Dharwad has quashed criminal proceedings against a fertilizer dealer in Bagalkot after finding no specific allegations linking him to the production or substandard quality of fertilizer seized from his shop. Justice Venkatesh Naik T allowed the criminal petition filed by Allabkaksha M. Makandar, holding that he could not be held responsible for fertilizer quality merely because he was a dealer.
Background
The case arose from an inspection conducted on October 22, 2021, when a Fertilizer Inspector visited Makandar’s shop and collected samples of liquid multi-micronutrient fertilizers. The samples were sent to a laboratory, which reported on November 18, 2021, that they did not conform to the prescribed specifications.
Following the report, proceedings were initiated against the manufacturing companies and the dealer under Sections 3 and 7 of the Essential Commodities Act and Orders 19 and 21 of the Fertilizers (Control) Order, 1985. Makandar approached the High Court seeking to quash the proceedings pending before the Principal Civil Judge and JMFC, Bagalkot.
The petitioner argued that he was only a dealer and had no control over fertilizer production or its quality. He also pointed out that the samples had been collected from sealed bags.
The State opposed the petition, contending that prima facie material existed against him.
After examining the complaint, the Court observed,
“On perusal of the entire complaint, there is no specific allegation against the petitioner/accused No.3 as to how he was responsible for the production of the fertilizers or how he was responsible for the substandard quality of the fertilizers contained in the sealed bags.”
The Court also relied on the earlier decision in Sanjay Gowda v. State of Karnataka, which addressed responsibility for compliance with the Fertilizers (Control) Order within manufacturing companies.
Justice Venkatesh Naik T further observed that,
“the petitioner, being merely a dealer cannot be held responsible for the quality of fertilizers seized from his shop”.
The Court concluded that continuing the proceedings against the dealer would amount to an abuse of the process of law.
Allowing the criminal petition, the High Court quashed the proceedings in C.C. No. 4550/2025 pending before the Principal Civil Judge and JMFC, Bagalkot, insofar as Allabkaksha M. Makandar, accused No. 3, was concerned.
Case Details
Case Title: Allabkaksha M. Makandar v. State of Karnataka
Case Number: Criminal Petition No. 100297 of 2026
Judge: Justice Venkatesh Naik T
Decision Date: September 28, 2026
