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2021 Supreme(MP) 237

G.S.AHLUWALIYA
Gujarat State Fertilizer and Chemical Limited Company – Appellant
Versus
State of M. P. – Respondent


Advocates Appeared:
For the Appellant : Sanjay Kumar Bahirani.
For the Respondents: Uma Kushwah, Panel Lawyer.

JUDGMENT :

Gurpal Singh Ahluwalia, J.

1. This application under Section 482 of Cr.P.C. has been filed seeking quashment of the FIR in Crime No. 454/2019 registered at Police Station Joura, District Morena for offence under Section 3/7 of Essential Commodities Act.

2. It is the case of the applicants that the applicant No. 2 is the retired Senior Manager of Gujarat State Fertilizer and Chemical Limited which is registered under the Companies Act, whereas the applicant No. 1 is the Company itself. It is the case of the applicants that the applicant No. 1/Company imports various kinds of fertilizers for supply of the same to the societies and other institutions. The licence in this regard under Clause 8(3) has also been obtained. It is submitted that before selling the fertilizers to the said institutions and societies, quality test is conducted in the laboratory and thereafter, the fertilizers are supplied after following the entire procedure required under the Fertilizer Control Order, 1985 [ in short" FCO"]. It is further mentioned that the applicant No. 1/Company is running its manufacturing units.

3. According to the applicants, on 16/07/2018, the Fertilizer Inspector inspected the g

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