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IN THE HIGH COURT OF JUDICATURE OF BOMBAY

BENCH AT AURANGABAD

CRIMINAL WRIT PETITION NO.81 OF 2003

The State of Maharashtra

PETITIONER

VERSUS

1. Anilkumar Jinabhai Patel,

Age-54 years,

2. Darshan Anilkumar Patel,

Age-34 years,

Both residents of 156,

Visanji Nagar, Jalgaon,

Dist. Jalgaon

RESPONDENTS

Mr.U.S.Malte, Special Prosecutor for petitioner.

Smt.S.S.Jadhav, h/f. Mr.A.B.Kale, learned counsel for respondents.

(CORAM : A.V.POTDAR, J.)

RESERVED ON : 08/01/2010

PRONOUNCED ON : 15/01/2010

J U D G M E N T :

1.

In this writ petition, rule came to be issued vide order dated

19/09/2003.

2.

By the present writ petition, the State has approached this

Court challenging the legality and validity of the judgment and order

dated 29/10/2002 passed by the Sessions Judge, Jalgaon in

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Criminal Revision Application No.225/2002 and to confirm the order

passed by the learned J.M.F.C. in RCC No.539/2000 by which the

application filed by the respondents for discharge, below Exh.10 is

came to be dismissed.

3.

Such of the facts which are necessary before considering the

submissions of parties, for the just decision of the present writ

petition can be summarized as follows :

a) On the basis of complaint lodged by one Shri.Vasantrao

Shripatrao Salunkhe on 29/07/1998, crime no.57/98 came to be

registered in Jalgaon Taluka Police Station of Dist. Jalgaon. The

complainant claimed that he is Fertilizer Inspector and District

Quality Control Inspector. The said offence was appeared to be

registered against the respondents for the prosecution u/s. 3 and 7 of

The Essential Commodities Act.

b) It further appears that in the said offence, earlier on

05/08/1999, Investigating Officer, investigating the said crime, had

submitted a report u/s. 169 of The Cr.P.C. It further appears that

vide order dated 06/08/1999, the said report was accepted as the

evidence against respondents herein was deficient. It further appears

that on 04/11/1999, an application was moved before the Learned

2^nd Additional Sessions Judge, Jalgaon by the Dy.S.P., Jalgaon that

on further investigation, now the evidence is available against these

respondents, hence the order dated 06/08/2009 to be recalled. It

appears that vide order dated 13/12/1999, the request/application

moved by the Dy.S.P. Jalgaon was accepted by the then 2^nd

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Additional Sessions Judge, Jalgaon with directions to the

Investigation Officer that he may present the charge sheet and

summons be issued against the respondents accused. It further

appear that on 14/12/1999, challan/charge sheet came to be filed in

the Court of J.M.F.C. Jalgaon and on the basis of said challan/

charge sheet, case was registered vide RCC No.539/2000,

c) It further appears that on 07/03/2002, the respondents

herein have filed an application for discharge u/s. 227, 245 of The

Cr.P.C. from the accusation before the Learned J.M.F.C. Jalgaon,

inter-alia contending that :

(i) The kind of fertilizers manufactured and sold by the

company is de-controlled on and from 25/08/1992 (It appears

that no such document is produced before any of the Court

showing the production of the company was de-controlled by the

competent authority).

(ii) The complaint lodged by the Officer is not authorized to

lodge the complaint under the provisions of Clause 27 and 28 of

The Fertilizer (Control) Order of 1985.

(iii) Since the year 1982 to 1998, no objection is raised by

the competent authority that this respondent company is not

holding any valid license for sale of the manufactured fertilizers

sold by them, hence they are under the bonafide belief that the

manufacturing license hold by them included authority to sale

the fertilizer manufactured by them without separate license as

they are holding requisite license under Clause 12 of The

Fertilizer (Contro