Order

1308aba477.21

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH, NAGPUR.

CRIMINAL APPLICATION [ABA] NO. 477/2021.

Raju Baban Khandare.

-VERSUS-

State of Maharashtra, through PSO Pandharkawada, District Yavatmal.

Office notes, Office Memoranda of

Coram, appearances, Court'

s orders Court’s or Judge’s Orders

or directions and Registrar’s orders.

Shri A. Hunge, Advocate for the Applicant.

Shri M.J. Khan, A.P.P. for the Non-applicant.

CORAM : VINAY JOSHI, J.

DATE : AUGUST 13, 2021.

Heard.

2.

Apprehending arrest in Crime No. 688/2021

registered with Pandharkawada Police Station, District

Yavatmal for offence punishable under Sections 420, 463 of

the Indian Penal Code, Section 3[2][d] of the Essential

Commodities Act and Clauses 7, 19 and 21 of the Fertilizer

(Inorganic, Organic or Mixed) (Control) Order, the applicant

seeks for pre-arrest protection.

3.

The learned Counsel for the applicant has argued

that, neither the stock of fertilizer was seized from the

possession of the accused, nor he was having any nexus with

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the seized material. Thus, by claiming innocence and false

implication, protection has been sought.

4.

The State has resisted the bail by filing reply-

affidavit. It is contended that a huge stock of unauthorized

fertilizer came to be seized from the house of driver of the

applicant namely Santosh Madavi. It is further contended

that the applicant was not having any license, still in

contravention with the provision of the Fertilizer Order, the

applicant was selling sub-standard fertilizer to farmers.

5.

The Authorized Officer i.e. Fertilizer Control and

Agricultural Officer on receipt of secret information raided

the house of one Santosh Madavi on 21.06.2021. During

search, huge stock of fertilizer stored in 90 bags worth

Rs.1,22,775/- came to be seized. On enquiry, it was revealed

that the entire stock of fertilizer belong to the applicant Raju

Khandara, and therefore, the report.

6.

Perused the case diary and particularly the related

statements. Admittedly the applicant does not possess any

licence for storage or sale of fertilizer. Various statements

recorded by the police to the effect that huge stock of sub-

standard fertilizer was seized from the house of Santosh

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Madavi, who disclosed that the stock belong to his employer

Raju Khandare i.e. the applicant. The Agricultural Inspector

also stated that the batch number were fabricated, as well as

the description of contents do not match with the original

Brand. Police paper bear statements of villager who has

stated that the applicant used to store the fertilizer and was

selling the same to the village agriculturists.

7.

The investigation is under way. The police papers

prima facie disclose that the applicant is owner of the stock of

unauthorized fertilizer, whilst Santosh Madavi was merely his

servant. It is evident that sub-standard fertilizers were stored

without any authorization. The matter needs to be

investigated from various angles as to from where the sub-

standard fertilizers were procured, and mode of its

distribution. The alleged act is having far reaching effect on

the farming sector. In view of above, this is not a fit case to

exercise judicial discretion, hence, Criminal Application being

devoid of merits, stands rejected.

JUDGE

Rgd.