ASLAM Vs. STATE OF UTTAR PRADESH

JUDGEMENT

(1.) By means of the present application under Section ,482 of the Code of Criminal Procedure the applicant has sought for quashing proceedings of criminal Case No. 25 of 1998 State of U.P. v. Aslam under Section 3/7, Essential Commodities Act of police outpost Chharra of police station, Barla, District Aligarh.

(2.) The brief facts, giving rise to the present application, are that an F.I.R. was lodged at police out post Chharra of police station, Barla, District Aligarh under Section 3/7, Essential Commodities Act, which was registered as case crime No. 209/1997. by which the applicant accused Aslam was found selling the fertilizer and when raid was conducted many bags of D.A.P. fertilizer and few other articles red powder ashes of coal was found. The applicant by means of red powder and coal ashes manufactured duplicate D.A.P. fertilizers, causing loss to farmers.

(3.) The case was investigated and chargesheet was submitted against the accused applicant. The Special Judge (E.C. Act) called for the evidence in the matter and proceeded with the case. While the case was proceeding, the Government issued a Government Order dated 30-10-2001, withdrawing all the prosecutions in respect of Section 3/7 of the Essential Commodities Act.