Karnataka High Court
CRL.P/6531/2019 of M/S ARYA VAIDYA SALA, KOTTAKAL Vs KARNATAKA BIODIVERSITY BOARD on 19 September 2026
CNR: KAHC010437592019 NC: 2026:KHC:51516 CRL.P No. 6531 of 2019 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 19TH DAY OF SEPTEMBER, 2026 BEFORE THE HON'BLE MR. JUSTICE H.P.SANDESH CRIMINAL PETITION NO. 6531 OF 2019 BETWEEN: 1. M/S. ARYA VAIDYA SALA, KOTTAKAL A REGISTERED TRUST
HC-KAR
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 19TH DAY OF SEPTEMBER, 2026
BEFORE
THE HON'BLE MR. JUSTICE H.P.SANDESH
CRIMINAL PETITION NO. 6531 OF 2019
BETWEEN:
1.
M/S. ARYA VAIDYA SALA, KOTTAKAL
A REGISTERED TRUST HAVING ITS
OFFICE AT VIDYARATNA P.S.
WARRIER'S ARYA VAIDYA SALA KOTTAKAL (P.O.), MALLAPURAM DISTRICT, KERALA - 676 503.
REPRESENTED BY ITS MANAGING
TRUSTEE MR. P.K. WARRIER.
2.
M/S. ARYA VAIDYA SALA, KOTTAKAL
PLOT NO.82, P3, KIADB INDUSTRIAL AREA,
NANJANAGUDU - 571 302,
MYSORE DISTRICT.
REPRESENTED BY ITS FACTORY
MANAGER MR. ARUN A
…PETITIONERS
(BY SRI. SIDDHARTH SUMAN, ADVOCATE)
AND:
KARNATAKA BIODIVERSITY BOARD
(CONSTITUTED BY THE GOVERNMENT OF
KARNATAKA UNDER SECTION 22 OF THE
BIOLOGICAL DIVERSITY ACT, 2002
DEPARTMENT OF FOREST, ECOLOGY AND
ENVIRONMENT
HAVING ITS OFFICE AT
Digitally signed
by DEVIKA M
Location: HIGH
COURT OF
KARNATAKA
HC-KAR
GROUND FLOOR, "VANAVIKAS",
18TH CROSS, MALLESHWARAM,
BANGALORE - 560 003.
REPRESENTED BY ITS AUTHORISED OFFICER
SMT. DAKSHAYANAMMA .G.,
ASSISTANT CONSERVATOR OF FORESTS,
KARNATAKA BIODIVERSITY BOARD,
DEPARTMENT OF FOREST,
ECOLOGY AND ENVIRONMENT.
…RESPONDENT
(BY SRI. H.K. VASANTH, ADVOCATE)
THIS CRL.P IS FILED U/S.482 OF CR.P.C PRAYING TO
QUASH THE ORDER DATED 14.03.2018 PASSED BY THE COURT
OF THE PRINCIPAL CIVIL JUDGE & J.M.F.C. AT NANJANAGUDU
IN C.C.NO.436/2018 (P.C.R. NO.129/2018 WHERE UNDER THE
COURT BELOW HAS TAKEN COGNIZANCE OF THE OFFENCE
AND
REGISTERED
A
CRIMINAL
CASE
AGAINST
THE
PETITIONERS
FOR
THE
OFFENCES
PUNISHABLE
UNDER
SECTION 55(2) OF THE BIOLOGICAL DIVERSITY ACT, 2002
READ WITH RULE 15 (1) of THE KARNATAKA BIOLOGICAL
DIVERSITY RULES 2005 I.E. ANNEXURE - A AND ALL FURTHER
PROCEEDINGS
THEREON
AND
TO
ALSO
QUASH
THE
COMPLAINT FILED BY THE RESPONDENT IN THE COURT OF THE
PRINCIPAL CIVIL JUDGE & J.M.F.C. AT NANGANAGUDU IN
C.C.NO.436/2018 (P.C.R. NO.129/2018) I.E. ANNEXURE - B.
THIS PETITION, COMING ON FOR ADMISSION, THIS DAY, ORDER WAS MADE THEREIN AS UNDER:
CORAM: HON'BLE MR. JUSTICE H.P.SANDESH
HC-KAR
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ORAL ORDER
Learned counsel for the petitioner has filed a memo contending that, in view of the substituted Section 55 of the Biological Diversity Act, 2002 (for short, “the Act”), the alleged contravention has been decriminalized. It is submitted that the provision no longer prescribes imprisonment or criminal punishment and, instead, provides for imposition of a monetary penalty.
2. Learned counsel has also extracted the substituted Section 55 of the Act in the memo and prays this Court to take the memo on record.
3. In view of the decriminalization of the contravention under Section 55 of the Act and the omission of Section 58 of the Act, learned counsel for the petitioner prays that the complaint in PCR No.129/2018 and the order dated 14.03.2018 passed by the Court of the Principal Civil Judge and JMFC, Nanjangud, as well as all further proceedings arising therefrom, be quashed.
HC-KAR
4. Though on the previous occasion, learned counsel appearing for the respondent, who is on record, had sought time to make arrangements for engaging a new counsel, and this Court had also directed the respondent to ensure that appropriate assistance is rendered on the next date of hearing, the respondent has not engaged any new counsel to assist the Court.
5. In view of the decriminalization of the alleged contravention and for the reasons stated in the memo filed by the learned counsel for the petitioner, the question of continuing the proceedings does not arise. Accordingly, the proceedings are liable to be quashed and are hereby quashed in terms of the memo.
Sd/- (H.P.SANDESH) JUDGE
GJM List No.: 1 Sl No.: 17