1 20 aaba 450.2021

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH : NAGPUR

CRIMINAL APPLICATION (ABA) NO. 450 OF 2021

Shri Sanjay s/o Janardhan Pandharmise

..vs..

State of Maharashtra, thr. P.S.O.

- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -

Office Notes, Office Memoranda of Coram,

Court'

s or Judge'

s orders

appearances, Court'

s orders of directions

and Registrar'

s orders

- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -

Shri Nihalsingh Rathod, Advocate a/w Shri S.N. Nandeshwar,

Advocate for applicant.

Shri I.J. Damle, A.P.P. for non-applicant/State.

CORAM : VINAY JOSHI, J.

DATED : 11/08/2021

In apprehension of arrest in Crime No.335 of

2021 registered with Parva Police Station District

Yavatmal for the offence punishable under Sections

3(2)(d) of the Essential Commodities Act, 1955 read

with Clause 7, 19 and 21 of the Fertiliser (Inorganic,

Organic or Mixed) (Control) Order, 1985 and

Sections 420, 463, 468, 511 of the Indian Penal Code,

the applicant has prayed for grant of pre-arrest

protection.

2.

The authorized officer i.e. Fertilizer

Controller and Agricultural Officer on the tip-off,

raided on the concerned premises on 21.06.2021. A

huge quantity of fertilizer stored in 382 bags were

found. It is revealed from statements of concerned

that the said tenement was possessed by applicant

2 20 aaba 450.2021

Sanjay Pandharmise and the stock of fertilizer was

owned by him. The applicant was not having any

permit or license to possess the stock and therefore,

the report. It is explained that the applicant was

selling sub standard quality fertilizers without

authorization. The applicant has stored the

adulterated fertilizers for the purpose of sale as well

as committed the offence of cheating and forgery.

3.

The non-applicant/State resisted bail by filing

affidavit-in-reply. It is contended that from the

possession of the accused a huge quantity of fertilizer,

which were unauthorizely stored, came to be seized.

Samples were collected and on its chemical

analyzation it was found that, the fertilizers were of

sub-standard quality. The investigation is in progress.

Custodial interrogation is necessary to find out as to

from where the applicant has procured sub-standard

quality fertilizer and about its distribution.

4.

Learned Counsel for the applicant submitted

that the applicant is doing cotton farming on a large

piece of land ad-measuring 90 acres. The applicant

uses the fertilizer for his cotton farming for which he

has brought the stock of fertilizer. It is specifically

denied that the applicant has stored the fertilizer for

the purpose of sale. It is contended that during

chemical analyzation of samples, the goods were

found of sub-standard quality, which cannot be

3 20 aaba 450.2021

termed as adulterated one. The offences are

punishable with imprisonment which may extent to 7

years only. The stock of fertilizer was already seized

and nothing remained to be investigated.

5.

On the other hand, learned A.P.P. would

submit that the applicant does not possess any license

for sell of fertilizer. He was doing illegal business of

sale of sub-standard and adulterated fertilizer. During

the course of investigation, statements were recorded,

indicated that the applicant used to sell fertilizer.

6.

Perusal of a case diary indicates that at the

relevant time, the raiding party has seized a huge

quantity of fertilizer worth Rs.4,49,078/-, which was

stored in 382 bags. Admittedly, the applicant does not

possess any license for storage or sale of fertilizer. The

statement of two ap