LexSECRETARY, AGRICULTURAL PRODUCE MARKETING COMMITTEE, D.K. DISTRICT versus VARADARA YA SHENOY AND ANOTHER
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A SECRETARY, AGRICULTURAL PRODUCE MARKETING COMMITTEE, D.K. DISTRICT v. VARADARA YA SHENOY AND ANOTHER B MARCH 7, 1995 [DR. AS. ANAND AND FAIZAN UDDIN, JJ.) Kamataka Agricultural Produce Marketing (Regulation) Act, 1966- Whether the Secretary is competent to file a complaint on his own, without a C resolution or authorisation of the marketing committee concerned-Held not competent. The appellant as the Secretary of the Agricultural Produce Market· ing Committee, filed a complaint before Judicial Magistrate against the Respondents without being authorised by Market Committee to do so and D without any decision of the Market Committee to prosecute the respon- dents for the alleged violation of the provisions of Karnataka Agricultural Produce Marketing (Regulation) Act, 1966 and the Rules made there- / under. An objection was raised before the Trial Court against the com- petence of the appellant to file the complaint without prior permission or E authorisation from the Marketing Committee and on the maintainability of the complaint itself by the Respondent. The Trial Court upheld the objection and dismissed the complaint as not maintainable and acquitted the respondents. The order of the Trial Court was unsuccessfully chal- lenged in an appeal before the High Court. Against the Judgment of High Court, the appellant has preferred the present appeal. F Dismissing the appeal, this Court HELD : 1. It is for the Marketing Committee do decide whether or not prosecution is required to be launched against an alleged violator and it is only after such a decision is taken, that the Secretary of the Marketing G Committee can be authorised by a resolution or otherwise, to file the complaint and to conduct the proceedings against the alleged violator for and on behalf of the Market Committee in the appropriate forum. In the absence of any resolution or authorisation from the Market Committee, the Secretary does not have any power to independently prefer or file any H complaint or launch a prosecution for the alleged violation of the Act, 524 - A' • AGRICULTURAL PRODUCE MKTG. COMMITIEE v. V. SHENOY [DR ANAND, J.) 525 Rules or the bye-laws against the alleged violator. [530-F-G] A 2. The Secretary is not competent to file a complaint or launch prosecution on his own, without a resolution or authorisation of the Marketing Committee concerned. His power is limited to conduct the proceedings, after he has been so authorised for and on behalf of the Market Committee. [530-H, 531-A] B CRIMINAL APPELLATE JURISDICTION: Criminal Appeal No. 434 of 1993. From the Judgment and Order dated 9.10.92 of the Karnataka High C Court in Crl. A. No. 790 of 1988. G.V. Chandershekhar and P.Mahale for the Appellants. S.K. Kulkarni and M.T. George for the respondents. The Judgment of the Court was delivered by DR. ANAND, J. On 10.5.1993, while condoning the delay in the filing of the special leave petition, special leave was granted limited to the question "whether the Secretary, Agricultural Produce Marketing Commit- tee is competent to file the complaint"? D E The Karnataka Agricultural Produce Marketing (Regulation) Act, 1966 (hereinafter referred to as 'the Act') was promulgated with a view to provide for better regulation of marketing of agrigulcural produce and the establishment and administration of markets for agricultural produce and matters connected therewith in the State of Karnataka. The Act also F provides for the constitution of marketing committees which are em- powered to regulate the market of the notified agricultural commodities in the notified market areas. In the case of violation of the provisions of the Act and/or the Rules framed thereunder, penal action and punishments have been provided under the Act. In order to answer the question noticed G above, it is desirable to first notice some of the relevant provisions of the Act and the Rules framed thereunder. Section 2(20) defines "marketing committee" or "committee' to mean a market committee constituted for a market area under this Act. A market functionary under Section 2(21) includes a broker, commission agent, an H 526 SUPREME COURT REPORTS [1995] 2 S.C.R. A exporter, a ginner, an importer, a presser, a processor, a stockist, a trader, and such other person as may be declared under the rules or the bye-laws to be a market functionary. Section 2(39) defines the "Secretary" to mean the Secretary of the ma
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