Andhra Pradesh High Court - Amravati
Chaganti Srinivasarao 2 Others vs The State Of A.P. Rep., By Its Pp on 21 October, 2019
Author: U. Durga Prasad Rao
Bench: U. Durga Prasad Rao
HON'BLE SRI JUSTICE U. DURGA PRASAD RAO
CRIMINAL PETITION No.12981 of 2011
ORDER:-
In this petition filed under Section 482 of Cr.P.C, the petitioners/A1 to A4 seek to quash the proceedings against them in C.C.No.123 of 2010 on the file of learned IV Additional Munsif Magistrate, Guntur District, which was taken cognizance for the offences under Section/Clause 19 of Fertilizer (Control) Order, 1985 (for short, FCO) r/w.Sec.7 of the Essential Commodities Act, 1955.
2. The complaint allegations are that the petitioner/A1 is the Proprietor of Dealer firm, A2 is the representative of Distributor Firm and A3 is the representative of Manufacturing Firm. The Agricultural Officer has verified the stocks and drawn the sample of Boroquin 20% (Boron as (B)) and sent one set of sample to the Deputy Director of Agriculture (FCO), Coding Centre, Hyderabad, for analysis and one sample was given to the dealer. After analysis, the sample was found not in accordance with the specifications. Hence, the complaint.
3. Heard Sri V.R. Reddy Kovvuri, learned counsel for petitioners and learned Additional Public Prosecutor.
4. Learned counsel for petitioners would submit that in Crl.P.No.6945 of 2014 this Court relying upon the findings of this Court in M/s.Coromandal Fertilisers Limited, represented by its 2 UDPR, J Crl.P.No.12981 of 2011 Managing Director, Visakhapatnam vs. P. Venkatarami Reddy1 and in Indian Potash Limited, Secunderabad and others Vs. Assistant Director of Agriculture, Kurnool District and others2 held that clause 19 (1) (a) of the Fertilisers (Control) Order, 1984 was unconstitutional and in that view of the matter, the prosecution under clause 19 of FCO in the present instance, is not maintainable. Basing on the covered judgment, he prayed to quash the proceedings.
5. Learned Additional Public Prosecutor fairly admitted that the order dated 27.06.2014 in Crl.P.No.6945 of 2014 applies to the case on hand.
6. In that view of the matter, this Criminal Petition is allowed and the proceedings in C.C.No.123 of 2010 on the file of learned IV Additional Munsif Magistrate, Guntur District, are quashed so far as petitioners/accused are concerned.
As a sequel, Interlocutory Applications pending if any, in this Criminal Petition shall stand closed.
_________________________ U. DURGA PRASAD RAO, J 21.10.2019 MS 1 1998 (2) ALT (Crl.) 517 (DB) (AP) 2 1998(1) ALD 565 HON'BLE SRI JUSTICE U. DURGA PRASAD RAO CRIMINAL PETITION No.12981 OF 2011 Date. 21.10.2019 MS