Punjab-Haryana High Court
Nirmal Singh vs State Of Haryana on 7 January, 2013
Author: Ranjit Singh
Bench: Ranjit Singh
IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH
Criminal Misc.-M No. 38189 of 2012
Date of decision : 07.01.2013
Nirmal Singh .....Petitioner
VERSUS
State of Haryana ....Respondent
CORAM:- HON'BLE MR.JUSTICE RANJIT SINGH
1. Whether Reporters of local papers may be allowed to see the judgement?
2. To be referred to the Reporters or not?
3. Whether the judgment should be reported in the Digest?
Present: Ms. R.K. Thind, Advocate
for the petitioner.
Mr. Charanjit Singh Bakshi, Addl. AG, Haryana
for the State.
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RANJIT SINGH, J.
Reply filed in the Court and is taken on record.
The prayer in the present petition is for quashing order dated 01.11.2012 passed by the Civil Judge (Junior Division)-cum- Judicial Magistrate Ist Class, Guhla rejecting the application of the petitioner to sell the case property i.e. fertilizer.
The petitioner is facing prosecution for offence under Section 7 of Essential Commodities Act, 1955. The petitioner claims to be an authorized dealer having licence to sell fertilizer. The fertilizer stored by the petitioner was taken in possession by the Sub Divisional Agricultural Officer, Cheeka on 27.09.2011. As per the allegation, the petitioner did not have requisite licence for purpose of carrying on business and, accordingly, offence under Section 7 of Criminal Misc.-M No. 38189 of 2012 -2- Essential Commodities Act was registered against the petitioner.
The evidence of official witnesses have been recorded. The prosecution witnesses have statedly admitted that the sample of the fertilizer sent for testing was found upto the standard and there is no dispute with regard to the standard of the fertilizer taken in possession.
The petitioner had moved an application for release of fertilizer seized during the raid on superdari. This application has been declined by the trial Court. The Additional Sessions Judge, Kaithal, however, ordered the release of fertilizer on 12.05.2012. This order was passed subject to the condition that the petitioner shall not dispose of the same till the final decision of the case. The fertilizer bags were released on furnishing of superdarinama for the sum of Rs. 3 lakhs with one surety for the like amount. The copy of the order in this regard is placed on record .
The petitioner has now approached this Court with submission that the fertilizer is perishable item and with the passage of time, the quality of the fertilizer is likely to reduce. He, accordingly, had moved an application to seek permission to sell this fertilizer. Number of bags seized are 647 and the total value works out to be Rs. 7 lakhs. This application was opposed by the Public Prosecutor and, accordingly, has been rejected. The petitioner, accordingly, has approached this Court for quashing of order dated 01.11.2012 by filing petition under Section 482 Cr.P.C.
Criminal Misc.-M No. 38189 of 2012 -3-
Notice of motion was issued. Reply has been filed. The facts, as pleaded in the petition, are not much in dispute. However, the State has opposed the prayer made in the petition for release of fertilizer during the pendency of the case. Except for so stating, no reasons are stated as to what prejudice will be caused to the prosecution in case directions are issued and the petitioner is permitted to sell the fertilizer during the pendency of the proceedings. The fertilizer can be put to use by way of sale. It may not be completely perishable item in the real sense but certainly its effectiveness will reduce with passage of time. So if the same is kept in the state of affairs for considerable period, it may render this fertilizer to be of no use.
Taking these circumstances into consideration, I deem it appropriate to accede to the request of the petitioner for sale of this fertilizer. However, the fertilizer would be sold in the presence of the representative of the State and the sale proceeds shall be deposited with the Court, which shall be kept deposited as such. The disposal of the amount shall be subject to final disposal of the case and any order that the Court may pass for disposal of the case property.
The present petition is, accordingly, disposed of.
January 07, 2013 ( RANJIT SINGH ) rts JUDGE