G.Kalyan Reddy And Another vs State Of Telangana And Another
2023 Latest Caselaw 1788 Tel

       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.

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.

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

2013 (1) ALT 87 (D.B)

2000 (1) ALT (Crl.) 103 (D.B.)

2006 (2) ALT (Crl.) 359 (S.B.)

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

THE HON'BLE SRI JUSTICE K.SURENDER

CRIMINAL PETITION No. 9002 OF 2021

Dt. 25.04.2023

tk