Bombay High Court
Amol S/O Pramodrao Kathoke vs State Of Maharashtra Through Pso ... on 15 October, 2019
Bench: Z.A. Haq, Pushpa V. Ganediwala
apl414.12 1
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
NAGPUR BENCH
CRIMINAL APPLICATION (APL) NO. 414 OF 2012
Amol s/o Pramodrao Kathoke,
aged about 29 years, At Post
Chandikapur, Taluka - Daryapur,
District - Amravati.
Versus
1. The State of Maharashtra
through the Police Station
Officer, Samudrapur Police
Station, Wardha.
2. Charandas Sadashiv Barbude,
aged about 50 years,
Occupation - Agricultural Officer,
Panchayat Samiti, Samudrapur,
District - Wardha. ... NON-APPLICANTS.
Shri S. Zia Qazi, Advocate for the applicant.
Shri S.V. Kolhe, APP for non-applicant No. 1.
Shri P.D. Meghe, Advocate for non-applicant No. 2.
.....
CORAM : Z.A. HAQ &
PUSHPA V. GANEDIWALA JJ.
OCTOBER 15, 2019.
ORAL JUDGMENT : (PER PUSHPA V. GANEDIWAL, J.)
Rule. Rule is made returnable forthwith and heard finally with the consent of Shri S. Zia Qazi, learned counsel for the applicant, Shri S.V. Kolhe, APP for non-applicant No. 1 and Shri P.D. Meghe, learned counsel for non-applicant No. 2. ::: Uploaded on - 24/10/2019 ::: Downloaded on - 21/04/2020 12:42:24 ::: apl414.12 2
2. This is an application for quashing of Charge Sheet No. 105 of 2012 arising out of First Information Report/ Crime No. 3038 of 2012 filed by Police Station Samudrapur. The prosecution case in brief is as under :
One Charandas Sadashiv Barbude, Agriculture Officer, Panchayat Samiti, Samudrapur had lodged a report with the non- applicant Police Station, alleging that on 22.05.2012, one Truck bearing No. AP-10/ V-2389 was carrying the bags of fertilizer in it and on enquiry, it was found that the applicant was not having permission for manufacture and sale of the furtilizer and, therefore, there was violation of Fertilizer Control Order, 1985, hence the offence under the Essential Commodities Act, 1955, came to be registered.
3. According to the applicant, the product had components 20% Calcium, 20% Sulphur and 5% Magnesium, which is known as "Soil Conditioner". The learned counsel for the applicant submitted that the manufacture and sale of the product was/ is neither prohibited in law nor any punishment is provided for the same. It is further submitted that the aforesaid product is not covered under the list/ schedule of the Fertilizer Control Order, 1985. It is also submitted that after the seizure of the goods, the ::: Uploaded on - 24/10/2019 ::: Downloaded on - 21/04/2020 12:42:24 ::: apl414.12 3 Agriculture Officer had sent the sample of the product to the Government Laboratory for testing such sample. The same was returned to Agriculture Officer stating that it was not covered by Fertilizer Control Order.
4. The learned APP could not point out any order/ Circular / Government Resolution or Notification to show that the above mentioned product is a fertilizer within the meaning of Fertilizer Control Order, 1985 or it comes under any other Control Order, which is issued under Section 7 of the Essential Commodities Act.
5. It is brought to the notice of this Court that one Government Resolution dated 16.08.2010 issued under Fertilizer Control Order, 1985, regarding Constitution of Committee for quality control of the product for manufacture and sale of Conditioners, Plant Growth Regulators and other materials. This Court, while considering challenge in Writ Petition No. 4076 of 2014 to the above mentioned Government Resolution, granted interim relief in the nature of "no coercive action" against the manufacturers. Government Resolution dated 03.10.2017 is also brought to our notice, by which Government Resolution dated 16.08.2010 is cancelled.
::: Uploaded on - 24/10/2019 ::: Downloaded on - 21/04/2020 12:42:24 ::: apl414.12 4
6. In this view of the matter, the case for quashing of charge sheet is made out. In the circumstances, we pass the following order :
The Charge Sheet No. 105 of 2012 arising out of Crime No. 3038 of 2012 is hereby quashed and set aside. Criminal Application is allowed and disposed of accordingly.
JUDGE JUDGE
*******
*GS.
::: Uploaded on - 24/10/2019 ::: Downloaded on - 21/04/2020 12:42:24 :::