Madhya Pradesh High Court
Narendra Singh Chaudhary vs The State Of Madhya Pradesh Thr on 6 September, 2017
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M.Cr.C.No.9510/2017
(Narendra Singh Chaudhary Vs. State of M.P.)
06.09.2017
Mr. Raja Sharma, learned counsel for the applicant.
Mr. Vivek Bhargava, learned Public Prosecutor for the
respondent/State.
This is an application under Section 438 of Cr.P.C. for grant of anticipatory bail. The applicant apprehends his arrest in Crime No.247/2016 registered by Police Station Radhogarh, District Guna for offences punishable under Sections 420, 418 of IPC and Section 3/7 of Essential Commodity Act.
It is submitted by the counsel for the applicant that the applicant is working on the post of Manager Sales, Coromandel International Limited, Jagpura, Kota (Rajasthan) and he is the authorized person on behalf of the company. According to the prosecution case, the samples of fertilizer manufactured/imported by the Coromandel International Limited were drawn from the shop of the co-accused who is proprietor M/s Shri Sairam Traders, Gandhi Road, Randhogarh. The samples were sent and as per the report of the laboratory, the fertilizers were found to be of non- standard quality. It is submitted by the counsel for the applicant that even the sale of the non-standard quality of fertilizers is not prohibited although the same is subject to certain conditions as enumerated under the Clause of 43 of Fertilizer (Control) Order 1985. It is further submitted that there is nothing on record to show that the samples of the fertilizer which were lifted by the competent authority were of the Coromandel International Limited and also there is nothing on record to show that the shop in question was the retailer of the fertilizer manufactured/imported by Coromandel International Limited. It is further submitted that this Court vide order dated 11.08.2017 has granted anticipatory bail to the co-accused-Veeresh Kumar in M.Cr.C.No.8575/2017.
2There is no possibility of his absconding or tampering with the prosecution case.
Per-contra, the application is opposed by the State submitting that so far as the disposal of non-standard fertilizer is concerned, it is clear from the Clause 23 of Fertilizer (Control) Order, 1985, the container of such non-standard fertilizer is to be subscribed in red colour with the words "non-standard" and also with the sign "X" and an application has to be made in Form H to the (Notified Authority) to grant a certificate of authorization for sale of such non-standard fertilizers and such non-standard fertilizer shall be sold only to the manufacturers of mixtures of fertilizers or special mixture of fertilizers or research of Government or Universities or such bodies. It is submitted that the samples which were lifted from the shop situated in the market was found to be non-standard quality, therefore, Clause 23 of Fertilizer (Control) Order, 1985 would not come to the rescue of the applicant. It is also submitted that so far as the co-accused to whom this Court has granted bail is concerned, the claim of the co-accused-Veeresh Kumar was that on the day when the sample was collected he was not working in the Coromandel International Limited, therefore, he was not responsible for non-standard quality of fertilizer, whereas the applicant is the authorized authority of the company. It is submitted that by selling non-standard quality of fertilizer in the open market, in fact the farmers have been cheated.
Considering the facts and circumstances of the case, this Court does not find it to be a fit case for grant of anticipatory bail. Accordingly, it is hereby dismissed.
(G.S. Ahluwalia) Judge bj/-