KRUNAL JIGNESHBHAI SHAH Vs. STATE OF GUJARAT

JUDGEMENT

(1.) By way of the present application under Sec. 438 of the Code of Criminal Procedure, 1973, the applicant - accused has prayed for anticipatory bail in connection with the FIR bearing No.11822009230383 of 2023 registered with Chikhli Police Station, District Navasari for the offences punishable under Sec. 420 , 465 , 467 , 468 and 471 etc. of the Indian Penal Code and under Sec. 3 and 7(1)(a)(ii) of the Essential Commodities Act and under Sec. 25(1) of the Fertilizer (Inorganic, Organic or Mixed) (Control) Order, 1985.

(2.) The FIR registered by one Deputy Agricultural Director namely Tipleshkumar Kantilal Patel. It is stated in the FIR that upon receiving secret information with regard to unauthorized use of agricultural grade urea and by packing the same in other bags from the bags of agricultural grade urea and it is being sold and therefore, search carried out by a team on 7/4/2023 at the factory where two containers loaded truck, two eicher tempo and also in open space, certain plastic bags containing urea weighing 50 kg found. One Vinodbhai Tejabhai Patel, who was present at the site, stated that the aforesaid urea belongs to him and prima-facie, it was found to be urea. Ultimately, huge quantity of urea was confiscated and was sent for laboratory testing and upon receipt of the laboratory report, it was found that in all, in those containers, 2264 bags of urea amounting to Rs.69,103.00 Lacs were loaded and as per the statement of aforesaid Vinodbhai Tejabhai Patel, the aforesaid urea was supplied by present applicant through the firm Tirupati Corporation, at present known as Roshani Fertilizer.

(3.) Heard learned advocate Mr. Shubham Jhajharia and learned Additional Public Prosecutor Mr. Ronak Raval.