Bombay High Court
Maha. Agrotech (India) Thr. Prop. ... vs State Of Maharashtra Thr. Police ... on 12 January, 2021
Bench: Z.A. Haq, Amit B. Borkar
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IN THE HIGH COURT OF JUDICATURE AT BOMBAY
NAGPUR BENCH : NAGPUR
CRIMINAL APPLICATION (APL) NO. 883 OF 2017
WITH
CRIMINAL APPLICATION (APL) NO. 10 OF 2018
CRIMINAL APPLICATION (APL) NO. 883 OF 2017
1. Shri Santosh S/o. Ganpatrao Netam,
Age about 33 years, Occ. Service,
R/o. Ward No. 39, Gandhi Nagar,
Rajnandgaon, Tah. & Dist. Rajnandgaon,
(Chhattisgarh).
2. Shri Shubham S/o. Vikasji Manusmare,
Aged about 21 years, Occ. Service,
R/o. Ward No. 2, Koparna,
Tah. Koparna, Dist. Chandrapur. . . . APPLICANTS
...V E R S U S..
1. State of Maharashtra through
Police Station Officer,
Warora, Dist. Chandrapur.
2. Shri Madhukar S/o. Govindrao Sontakke,
Aged about 52 years, Occ. Service,
Office Address- District Quality Control
Inspector, Agriculture Office,
Chandrapur. . . . NON-APPLICANTS
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Shri Rohit P. Masurkar, Advocate for applicants.
Shri T. A. Mirza, A.P.P. for non-applicant no. 1/State.
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WITH
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CRIMINAL APPLICATION (APL) NO. 10 OF 2018
Maha. Agrotech (India) through its
Proprietor Sharad S/o. Nandkishore Mishra,
Age about 41 years, Occ. Business,
Office at Jagnaade Chowk, Main Road,
Tah. Amgaon, Dist. Gondia. . . . APPLICANT
...V E R S U S..
1. State of Maharashtra through
Police Station Officer, Warora,
Dist. Chandrapur.
2. Shri Madhukar S/o. Govindrao Sontakke,
Aged about 52 years, Occ. Service,
Office Address- District Quality Control
Inspector, Agriculture Office,
Chandrapur . . . NON-APPLICANTS
------------------------------------------------------------------------------------------------
Shri Y. R. Kinkhede, Advocate a/w. Shri Rohit P. Masurkar, Advocate
for applicant.
Shri T. A. Mirza, A.P.P. for non-applicant no. 1/State.
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CORAM :- Z. A. HAQ AND
AMIT B. BORKAR, JJ.
DATED :- 12.01.2021
JUDGMENT (PER : AMIT B. BORKAR, J.) :-
1. Rule. Rule is made returnable forthwith. Heard finally by
consent of learned Advocate for the parties.
2. Since, both these applications challenge the same First
Information Report (FIR), the applications are decided by common
judgment.
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3. The applicant/s by way present applications is/are
challenging the FIR bearing no. 515/2017, dated 10.05.2017
registered by the non-applicant no. 1-Police Station for the offence
punishable under Section 12, 13(I)(a), 7, 4, 5 and 35 of the Fertilizer
Control Order, 1955 and under Section 7(I)(a)(II) of the Essential
Commodities Act, 1957.
4. The FIR came to be registered against the applicant/s at the
instance of the non-applicant no. 2, with accusation that the
applicant/s supplied sub-standard seeds to the farmers by representing
it as best quality. It is alleged that manufacturing company and their
sales representatives without permission have manufactured and
distributed and sold fertilizers and also sold sub-standard seeds,
without issuing bills and without maintaining Sale Register and other
required documents for cheating farmers and have committed offence
alleged in the FIR.
5. The applicant/s therefore, challenged the FIR by filing the
present applications. This Court issued notices to the non-applicants.
This Court on 14.08.2008 granted stay to the further proceedings in
Crime No. 515/2017.
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6. The non-applicant no. 1 filed its reply and pointed out that
the applicant/s have cheated villagers by supplying sub-standard
fertilizers. It is also stated that laboratory report shows that the
fertilizers sold by the applicant/s contain ingredients, which are
banned in the State of Maharashtra. On 28.08.2018, the non-applicant
no. 2 filed reply and pointed out that though there was interim relief
granted on 29.01.1998 by this Court and continued on 29.06.2018, the
Investigating Officer inadvertently filed charge-sheet on 13.08.2018. It
is further submitted that the said Investigation Officer therefore,
tenders unconditional apology. It is therefore submitted that
proceeding initiated may kindly be dropped.
7. We have carefully considered the contents of the FIR and
replies filed by the non-applicant no. 1. The prosecution has not
pointed out any Order or Circular or Government Resolution or
Notification to show that the above mentioned product is fertilizer
within the meaning of the Fertilizer Control Order or it comes under
any other Control Order, which is issued under Section 3 of the
Essential Commodities Act. It is brought to our notice that
Government Resolution dated 16.08.2010 issued under the Fertilizer
Control Order, 1985 regarding constitution of committee for quality
control has been cancelled by the Government Resolution dated
03.10.2017.
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8. The prosecution is not able to bring on record any order or
notification to show that fertilizer, which is subject matter of the FIR,
has been mentioned as a banned product in the Fertilizer Control
Order, 1985 or any other order issued under Section 3 of the Essential
Commodities Act. Therefore, ingredients of offence punishable under
Section 7 of the Essential Commodities Act are not made out.
Continuation of proceeding against the applicant/s would amount to
abuse of process of Court. We, therefore, pass the following order:
First Information Report bearing Crime No. 515/2017,
dated 10.05.2017 against the applicant/s by the non-applicant no. 1-
Police Station for the offence punishable under Section 12, 13(I)(a), 7,
4, 5 and 35 of the Fertilizers Control Order, 1955 and under Section
7(I)(a)(II) of Essential Commodities Act, 1957 against the applicant/s
are quashed and set aside.
Both the Criminal Applications are allowed in the above
terms. Rule is made absolute accordingly.
JUDGE JUDGE
RR Jaiswal
