The main legal point established in the judgment is that the joint prosecution of the petitioner under Section 7(10) of the Essential Commodities Act and Sections 420 and 120-B, IPC was legally unsustainable.

Arvind Singh Sangwan, J.

1. Vide this judgment, aforesaid two petitions i.e. CRM-M-28989 of 2012 and CRM-M-2958 of 2013 are disposed of.

2. Brief facts of the case are that an FIR No.330 dated 26.09.2011 under Sections 7(1)(10) of the Essential Commodities Act, 1955 and Sections 420, 120-B, 409, 467, 468, 471 and 201 IPC, was registered by the complainant against the petitioner, Ravish Kumar son of Krishan Lal and co-accused namely, Naib Singh son of Joginder Singh, Krishan Kumar Gupta son of Kedar Nath, who were partners of M/s Shankar Rice Mill, under Section 7(1) (10) of the Essential Commodities Act, 1955 (hereinafter to be referred as the 'Act') and read with Sections 420, 120-B, 409, 467, 468, 471 and 201 IPC.

3. As per the allegations in the FIR, a secret information was received by the police that M/s Malha Ram and Company and Bhole Shankar and Company whose owners are Krishan Lal, Madan Lal, Harbans Lal sons of Malha Ram and Ashwani Kumar son of Desh Raj, Umesh son of Desh Ram, residents of Naraingarh, were having rice seller in village Bada Gaon in the name of Shiv Shanker Rice and General Mills. Though, they are having licence of sale of different fertilizers, however, on the pretext of licences, they are doing black marketing of the fertilizer and are selling the same to the people in black market and both the said firms in conspiracy with each other have stored huge quantity of un-authorised fertilizer in the premises of Shiv Shankar Rice Mill. Finding the information to be reliable which attracts the offences under Section 7(1) and 7(10) of the Act read with Sections 420, 120-B, IPC, the FIR was registered and the investigation was conducted. During investigation, a raid was conducted on the Shankar Rice Mill and 1750 bags of Uttam Veer Urea and 499 bags D.A.P. (IPL) and 108 bags N.P.K. were found in the Godown without the bill. The petitioner was arrested and the documents including 28 Bills book, one Stock Registered of Fertilizer and daily sale register were taken into possession by the police. During the investigation, the police found the partners of M/s Bhole Trading Company as innocent. Later, co-accused Naib Singh was arrested with the allegation that he has prepared certain bogus bills and similarly, co-accused Krishan Kumar Gupta, Manager Hafed was also arrested. After completion of the investigation, the challan was presented against three accused persons i.e. Ravish petitioner, Naib Singh, salesman of Cooperative Society and Krishan Kumar Gupta, a Manager of Hafed.

4. Lateron, Gaurav Aggarwal, the petitioner in CRM-M-2958 of 2013 who is a partner of M/s Bhole Shankar Trading Company, Naraingarh, filed an application before the trial court for releasing the goods i.e. fertilizer on Superdari which was released vide order dated 13.01.2012 (Annexcure P-3) in this petition. The trial court released 1750 bags of Urea in his favour, however, declined the permission to sell of the same. The prayer in this petition is for setting aside of that order vide which the permission to sell the case property was declined.

5. The present petitioner has filed this petition praying for quashing of the FIR, and the subsequent proceedings in pursuance thereof.

6. It is submitted on behalf of the petitioner that since this matter was pending since 2012, the trial court has framed charge under Section 7 of the Act read with Sections 420, 120-B, IPC against petitioner, whereas charges against co-accused namely, Naib Singh and Krishan Kumar Gupta, have been framed under Section 409, 420, 467, 468 and 471 IPC vide order dated 21.03.2014.

7. The reply has been filed on behalf of the respondents. During the course of arguments, on the previous date, the State counsel was directed to place on record a notification issued on 23.1.1978 vide which item No.29 was omitted holding that fertilizer is not a controlled item, for the purpose of Essential Commodities Act. The operative part of the order dated 26.07.2017 is reproduced as