Compliance with the Fertilizer (Control) Order, 1985 and the necessity of obtaining permission and certificates for the manufacture and sale of organic fertilizers and bio-fertilizers in Maharashtra.

1. The proceeding is filed for quashing of the FIR No.5/2015 registered in Hadgaon Police Station for offences punishable under section 420, 34 of the Indian Penal Code and sections 3 and 7 of the Essential Commodities Act. The crime is registered on the basis of report given by the Agriculture Officer in respect of fertilizers found on the road when sale of the fertilizer was going on. The incident took place on 31-1-2015. Both the sides are heard.

2. The incident took place on Hadgaon – Tamsa Road. One truck bearing No. MH 26 AD 669 was stationary on the road and the sale of bags containing fertilizer was going on. Farmers had gathered and coolies were there for carrying the bags. When the officers including the complainant reached there and started making enquiry, persons who had gathered including the coolies went away.

3. On the inquiry made by the Agriculture Officer persons who were with the truck showed bilti of Navbharat Fertilizer. No other record was found with regard to the many bags present in the truck. The bags of fertilizers having description as under were found in the truck:-

(i) Vijaya Gromin Manure bags 415 in number of 40 Kg each bearing Batch No. AU27A15-27 January 15. MRP Rs.797/- was shown on the container of organic mature (press mud);

(ii) Vijetha fertilizer 18 bags having 5 Kg each bearing batch No. MCK/33COMM/FM/2013/ 4727 MRP Rs.545/- and description given as micro nutrients.

(iii) Vinzyme-G 18 bags each having 10 KG bearing batch No.T/PG20B14RF 26 February 2015. MRP Rs. 735/-.

(iv) Plastic bottles bearing name Khazaana 220 in number of one litre each bearing batch No. M/OML-83/E/14. MRP Rs. 787/-. The MRP was scratched and it was written as “FREE" showing contents as organic liquid.

4. As there was no record with regard to the possession or the authorization, licence in respect of aforesaid fertilizer, it was seized under panchanama and it was handed over to police along with the truck in the presence of panch witnesses. Two bilties were also taken over and they were also handed over to police. This record is produced in the present proceeding.

5. On the bilti 600 bags of Vijaya Gromin was found to be written but the aforesaid number of bags were was found. 300 bottles of organic liquid were mentioned on the bilti but the aforesaid number of bottles were found. 50 bags of Vijetha were mentioned on the bilti but less number of bags were found. The inquiry revealed that remaining fertilizer bags and bottles were already sold on the spot. As there was contravention of the Fertilizer (Control) Order, 1985 (hereinafter referred to as “the Control Order”) report was given. The Control Order is issued under section 3 of the Essential Commodities Act and so the crime came to be registered accordingly. It can be said that press mud was also being sold as organic manure and in respect of the items there was no licence for manufacture.

6. It is the case of the applicant - M/s Shivshakti Bioplantic Ltd. Hyderabad that for possession and sale of aforesaid item Nos. 1, 3 and 4 in Maharashtra there is no necessity of licence under the Control Order. It is contended by the applicant that the applicant was holding a valid licence for manufacture of these products and there was permission for sale of these articles in Maharashtra particularly for the regions like Aurangabad and Wardha. It is specifically contended by the applicant that the goods seized (item Nos.1, 3 and 4) were of category of organic fertilizer and they were being transported from Hyderabad to Aurangabad at the relevant time.

7. In the reply affidavit the complainant has contended that it was necessary to produce original bill in Form "M" as per Clause 8 and Clause 5 of the Control Order and the person having possession ought to have produced Form "O". It is contended that delivery challan dated 30-1-2015 produced before the officer showed that the goods were collected from Hyderabad Unit but the inquiry revealed that the goods were collected fr