T.V. Nalawade, J.

The petition is filed under Articles 226 and 227 of the Constitution of India for relief of quashing of F.I.R. No.339/2018 registered with Shahada Police Station District Nandurbar at the instance of respondent No.2 District Quality Control Inspector working in the office of District Superintending Agriculture Officer Nandurbar and the crime is registered for offences punishable under section 420 read with 34 of Indian Penal Code, Section 3(2) of the Essential Commodities Act, Clauses 7,12,13(2) and 19(a),(b)(c) (i) to (viii) of the Fertiliser (Inorganic, Organic or Mixed) (Control) Order 1985. Both the sides are heard.

2. Respondent No.2 visited the premises of New Saifi Machinery and Pesticide, Patel Market, Shahada on 18-8-2018 at about 4.00 p.m. for routine inspection of the articles which were being sold from that centre. It was noticed that in the premises, unregistered products like Amaze X Seaweed Granules and Biozyme Granules were kept there for sale and the name of the manufacturer was printed as Biostadt India Ltd Mumbai. As the respondent No.2 suspected that in the unregistered products there was sale of probably chemical fertilizer by manufacturing chemical fertiliser he collected samples of both the aforesaid products as provided in the Fertilizer (Inorganic, Organic Or Mixed) (Control) Order 1985 (hereinafter referred to as "the Order"). He had feeling that inorganic fertiliser like NPK and Ca, Mg, S were being sold under the aforesaid names. He sent the samples to Fertilizer Control Laboratory Nasik which is notified under notification dated 25-11-1987 as provided under the Order.

3. The report of the laboratory in respect of the products sold under different names in four samples was as under.

I. Amaze X granules (Seaweed) :

(i) Calcium (ca) .. 5.31%

(ii) Magnesium (mg) .. 1.12%

II. Biozyme:

(i) Calcium (ca) .. 4.87%

(ii) Magnesium (mg) .. 0.97%

III. Amaze X Granules:

(i) total Nitrogen (N) .. 0.16%

(ii) total Phosphate .. 0.62%

(iii) Water Soluble Potash (K20) .. 5.24%

IV. Biozyme :

(i) Total Nitrogen (N) .. 0.16%

(ii) total Phosphate .. 0.67%

(iii) Water Soluble Potash (K20) .. 4.93%

4. The laboratory test revealed that under the aforesaid names unregistered product, chemical fertiliser was being sold by mixing it in other materials and so there was violation of the provisions of the Order.

5. Under the provisions of aforesaid Order, first show cause notices were given to the manufacturer and the aforesaid vendor. Both, the manufacturer and the vendor replied the notices. The vendor contended that he had no role in the manufacturing activity and he was selling the product which was in packed condition and he had no knowledge about the contents of the packets. This explanation was accepted by the department and decision was taken not to act against the vendor. However, on 30-8-2018 the product which was found with the vendor of worth more than Rs.80,000/- was seized as there was report of the laboratory of aforesaid nature.

6. The inquiry revealed that present petitioner No.1 was the Managing Director of Biostadt India Ltd. Mumbai and petitioner No.2 was Senior Manager of this private limited company and the department formed opinion that they were responsible for commission of the offences under the Order read with the provisions of the Essential Commodities Act and the offence of fraud against farmers was also committed and so report was given on 5-10-2018 to police.

7. Many points were argued by the learned Senior Counsel for the petitioners as under :

(i) The product sold under the aforesaid two names is not covered under the Order;

(ii) The respondent No.2 did not send the samples to the laboratory as per the procedure; and,

(iii) In Civil Writ Petition No.3683/2018 a Division Bench at the Principal Seat has granted stay to the aforesaid two show cause notices issued against the petitioners.

8. The learned Additional Public Prosecutor submitted that under the guise of plant growth stimulant the petiti