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2024 Supreme(Online)(MP) 18798

HIGH COURT OF MADHYA PRADESH
Mayank – Appellant
Versus
The State Of Madhya Pradesh – Respondent


Advocates:
Vaibhav Jain,Advocate General

ORDER

This is an application filed under section 438 of Cr.P.C in crime no.612/2023 under section 3 and 7 of Essential Commodities Act and 7 and 8 of Fertilizers (control) Order, registered at police station Kanwar District Dhar.

2. As per prosecution story, complaint has been lodged by Fertilizer Inspector / Senior Agriculture Development Officer (hereinafter referred to as ‘SADO’) about transport of urea in an Eicher truck. As per the information given by a tipster/informer, the said truck was stopped and it was found that there is urea in it. When asked about it, the driver-Umesh s/o Manoharlal Vyas failed to show any bill or bilty for the said urea and its transport. He further said that truck is of his own ownership. He said that he was contacted & instructed on phone by Mayank Jain to transport this urea to Labriya. The said SADO has formed an opinion that it appears that this is a case of black-marketing of urea.

On the above allegation the said FIR has been registered, and the allegation are made with respect to the provisions of Section 3 & 7 of The Essential Commodities Act, 1955 r/w Rule 5, 7,8 & 35 of The Fertilizer (Control) Order, 1985; and, Rule 3 & 4 of The Ferti



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