THE HONOURABLE SRI JUSTICE K.SURENDER
CRIMINAL PETITION No.9002 OF 2021
O R D E R:
This Criminal Petition is filed under Section 482 of the Code of Criminal Procedure, 1973 (for short 'Cr.P.C.') by the petitioners/A2 & A3 to quash the proceedings against them in C.C.No.425 of 2021 on the file of Judicial First Class Magistrate, Asifabad District. The offence alleged against the petitioners is under Sections 420 of the Indian Penal Code.
2. Heard both sides and perused the record.
3. The petitioners are A2 and A3 being prosecuted for the offence under Section 420 of the Indian Penal Code on the ground of purchase of de-notified fertilizer and in turn selling them to the farmers and gaining wrongfully. The Mandal Agricultural Officer on 25.06.2021, on inspection found that NPK mixed fertilizers are de-notified in the State of Andhra Pradesh and the source permission for Telangana State had expired in April-2020 itself. However the petitioners were selling the same.
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4. On the basis of the said complaint, the Asifabad Police conducted investigation. During the course of investigation, the Investigating Officer examined the farmers who are LWs.2 to 6 in the list of witnesses filed along with the charge sheet, and found that these petitioners and A1 were selling de-notified NPK Granulated Mixture Fertilizers which was de-notified on 14.08.2019 vide G.O.Ms.No.67 i.e. NPK:20:20:00, NPK: 15:15:15, NPK:17:17:17, NPK: 19:19:19, NPK:14:28:14, NPK:14:35:14, NPK:10:26:26:62 and NPK:20:10:10 which are similar to the already existing NPK complex Fertilizer Grades notified under schedule-I of the Fertilizer (Inorganic, Organic & Mixed) (control) Order, 1985. Having knowledge about the nature of the fertilizer and it was not beneficial to the farmers, the same was sold.
5. Learned Senior Counsel appearing for the petitioner would submit that for any violation under Section 11 of the Essential Commodities Act, the petitioners can only be prosecuted, on report being filed by a Public Servant or under its Control Orders. The prosecution under Section 420 of the Indian Penal Code is invalid and inadmissible.
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6. In support of his contentions he relied on the Judgments rendered by this Court in;
i) Ramaola alias Easthar Bhagyavathi and others v. Jacob Nava Maniraja and others 1;
ii) District and Sessions Judge, Guntur and others v. State of A.P., Hyderabad and others 2
iii) Farmers Service Co-operative Society, Kothapally Medak and others vs. State Government of Andhra Pradesh 3; and
iv) the order passed by this Court in Crl.P.No.857 of 2021, dated 5.03.2021.
7. There is no dispute regarding the Judgments that have been cited across the bar. However, in the present facts, when the petitioners were selling de-notified fertilizer which in turn resulted in losses to the farmers, it cannot be said that the ingredients of Section 420 of the Indian Penal Code are not made out. Having knowledge about the de-notification, the fertilizer was deliberately sold by suppressing such fact to the farmers. Prima facie the ingredients of Section 415 of the Indian 1 2013 (1) ALT 87 (D.B) 2 2000 (1) ALT (Crl.) 103 (D.B.) 3 2006 (2) ALT (Crl.) 359 (S.B.) 4 Penal Code are made out. Apart from any prosecution which a violator of condition can be proceeded against, if the transactions also make out an offence particularly under Section 420 of the Indian Penal Code, the Police are not precluded from prosecuting such offenders.
8. In the present peculiar facts and circumstances, the petitioners have to face trial to prove their innocence.
9. Accordingly, the Criminal Petition is dismissed.
Miscellaneous applications pending, if any, shall stand closed.
__________________ K.SURENDER, J Date: 25.04.2023 tk 5 THE HON'BLE SRI JUSTICE K.SURENDER CRIMINAL PETITION No. 9002 OF 2021 Dt. 25.04.2023 tk