ORDER

Applicant has filed this criminal revision under Section 397 read with section 401 of Code of Criminal Procedure, 1973 against order dated 06.10.2023 by which charges have been framed against the applicant under Sections 7, 8, 19 (C)(II) of the Fertiliser (Control) Order, 1985, Section 3/7 of Essential Commodities Act, 1955 and Section 417 and 468 of Indian Penal Code.

2. Counsel appearing for applicant submitted that as per prosecution story, applicant is a Driver of vehicle i.e. Mahindra Bolero bearing registration No.MP-20, GB-3649 and he was transporting 60 bags D.A.P. (50 Kg. each bags), total three tons valuing Rs.81,000/- in the vehicle. It is submitted that as per prosecution story itself applicant is not the owner of fertiliser, he was only a Driver and transporting the same. In view of same, no offence under Sections 7 and 8 of the Fertiliser (Control) Order, 1985 and under Sections 417 and 468 of Indian Penal Code is made out against him. It is further submitted that in absence of any allegation or common intention or criminal conspiracy along with owner, offence under Section 19(C)(II) of the Fertilizer (Control) Order, 1985 and offence under Section 3/7 of Essential Commodities Act, 1955 will not be made out against the applicant. In these circumstances, charges framed agaisnt the applicant contained contained in Annexure-1 may be quashed.

3. Government Advocate appearing for State supported the order by which charges were framed against the applicant. It is submitted that applicant was acting along with owner in transportation of fertilizer. Said act contravened Section 19 of the Fertiliser (Control) Order, 1985 and Section 3/7 of Essential Commodities Act, 1955. It is further submitted that offence under Section 417 and 468 of IPC will also be made out.

4. Heard the counsel for the parties.

5. Section 417 and 468 of Indian Penal Code is quoted as under:- "417. Punishment for cheating.- Whoever cheats shall be punished with imprisonment of either description for a term which may extend to one year, or with fine, or with both.

468. Forgery for purpose of cheating.- Whoever commits forgery, intending that the [document or electronic record forged] shall be used for the purpose of cheating, shall be punished with imprisonment of either description for a term which may extend to seven years, and shall also be liable to fine."

6. On perusal of aforesaid sections, it is found that there was no changing done by applicant as there was no inducement or coercion on part of applicant for transporting of property to him or any other person. Further fertilisers are not valuable security. In view of same, offence under Sections 417 and 468 of IPC is not made out against the applicant.

7. Further sections 7, 8 and 19 of the Fertiliser (Control) Order, 1985 and Section 3 and 7 of Essential Commodities Act, 1955 is quoted as under:-

"7. Registration of Industrial dealers and authorization of other dealers No person shall sell, offer for sale or carry on the business of selling of fertilizer at any place as wholesale dealer or retail dealer except under and in accordance with clause 8: Provided that a State Government may, if it considers it necessary or expedient, by notification in the Official Gazette, exempt from the provisions of this clause any person selling fertilizer to farmers in such areas and subject to such conditions as may be specified in that notification.

8. Application for intimation or registration

1. Every person intending to sell or offer for sale or carrying on the business of selling of fertilizer as Industrial Dealer shall obtain a certificate of registration from the controller by making an application in Form A together with the fee prescribed under clause 36 and a Certificate or source in Form O.

2. Every person including a manufacturer, an importer, a pool handling agency, wholesaler and a retail dealer intending to sell or offer for sale or carrying on the business of selling of fertilizer s