Bombay High Court
Mohmmad Aslam vs The State Of Maharashtra on 22 November, 2021
Author: V.G.Bisht
Bench: V.G.Bisht
24-ABA-2436-2021.DOC
Digitally
signed by
TRUPTI
TRUPTI SADANAND
SADANAND BAMNE
BAMNE Date:
2021.11.23
16:20:33 IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CRIMINAL APPELLATE JURISDICTION
+0530
ANTICIPATORY BAIL APPLICATION NO. 2436 OF 2021
Mohmmad Aslam ...Applicant
Versus
State of Maharashtra ...Respondent
......
Mr.Veerdhawal Deshmukh for the Applicant.
Mrs. Anamika Malhotra, APP for the Respondent -State.
Mr.M.V. Biranje, NC-1198, Kagal Police Station, District -
Kolhapur.
......
CORAM: V.G.BISHT, J.
DATE: 22ND NOVEMBER, 2021
PC:-
1. By this application, the applicant seeks pre-arrest bail in
connection with C.R.No. 308 of 2019 registered with Kagal
Police Station, Kolhapur for the offences punishable under
Section 420 of the Indian Penal Code (the IPC) and under
Sections 3 (2) (d) and 9 of the Essential Commodities Act and
under Sections 7, 11 (5), 12, 19 (c) (ii) and 21 (A) of the
Fertilizers Control Order, 1985 (for short, " the FCO, 1985")
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24-ABA-2436-2021.DOC
2. It is the case of the prosecution that the informant was
inspecting the fertilizer sale centre of one M/s. Yashodhan
Agro Services, Kagal and found that "Super Potash" (a
suspected fertilizer) manufactured by M/s. Jaipur Bio
Fertilizers of Rajasthan was stored without any legal
permission.
3. It is further alleged that the Fertilizer License No. LAFD
14080282 of M/s. Yashodhan Agro Services, Kagal was valid
as on 16th May, 2019 but they had not renewed in time. It is
further alleged that the informant under the provisions of FCO
1985 took from the suspected Super Potash fertilizer bag, a
fertilizer sample bearing No. 14012310720192020F and sent
it to the Fertilizer Control Laboratory for analysis. It is alleged
that when the analysis report No. 717 dated 16th August, 2019
was received from Fertilizer Control Laboratory, Kolhapur, it
was mentioned that 5 number grade of "straight potassium
fertilizers" under 1 (C) of Schedule I Part A of FCO 1985 of
the fertilizer sample No. 14012310720192020F is "Potash
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24-ABA-2436-2021.DOC
Derived from Molasses". Accordingly, offence came to be
registered.
4. Mr. Deshmukh, learned Counsel for the applicant,
submits that only the first analysis report was taken into
consideration. The sample, however, was not sent for second
and third analysis. As per the provisions of 32-A of FCO 1985,
according to learned Counsel, the reference analysis (second
report) supersedes the first report. The third analysis report
supersedes both- the first and second reports and shall be
treated as final. Learned Counsel, lastly, submits that the
third reference has been issued on 27th January, 2021 by the
National Test Report (East Region), Government of India
stating that the product "Super Potash" failed to meet the
requirements for being classified as "Potash Derived from
Molasses". Moreover, M/s. Yashodhan Agro Services, Kagal
has renewed the license in question. For all these reasons, the
ad-interim protection granted in favour of the applicant
deserves to be confirmed, argued learned Counsel.
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24-ABA-2436-2021.DOC
5. Mrs.Malhotra, learned APP, on the other hand, fairly
submits that the licenses has been renewed by M/s.
Yashodhan Agro Services, Kagal and in view of third reference
report, an appropriate order may be passed.
6. I have gone through the third reference report, which is
placed on record at "Annexure -D" of the application. From
the said report, it is very much clear that the product "Super
Potash" had failed to meet the requirements for being
classified as "Potash Derived from Molasses". Thus, what was
seized was not chemical fertilizer without any authority.
7. Moreover, M/s. Yashodhan Agro Services, Kagal has
admittedly renewed the licenses. In view of above, the ad-
interim protection given by this Court on 8th October, 2021
needs to be confirmed. Hence, the following order :
ORDER
i) The application is allowed.
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ii) The ad-interim protection granted by this Court on 8th October, 2021 is confirmed and made absolute.
iii) The application stands disposed of accordingly.
(V.G.BISHT, J. ) Trupti 5/5