SHRIKRISHNA ARJUN BANGAR Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) Both the applicants have been arrayed as accused in Crime No.221/2021 dtd. 26/10/2021 registered with Amalner Police Station, Dist. Beed, for the offence punishable under Sec. 3, 4, 5, 19(a), 19(c), 35 of the Fertilizer (Control) Order, 1985, under Sec. 3, 7 of the Essential Commodities Act, 1955 and under Sec. 420, 467, 468, 120-B and 471 of the Indian Penal Code, 1860 and, therefore, they are seeking anticipatory bail under Sec. 438 of the Code of Criminal Procedure, 1973.

(2.) Heard learned Advocate Mr. M.R. Deshmukh for the applicants as well as learned APP Mr. N.T. Bhagat for the respondent in both applications.

(3.) It has been vehemently submitted on behalf of the applicants that the FIR has been lodged by Sayappa Dagdu Garande, who is the Inspector attached to the Agriculture Department. He states that he had received some secret information that through some agriculture service centres, fake or duplicate pesticides of DAP (18:46:00) and NPK (12:32:16) were being sold. Therefore, he visited the pesticide shops around 11.00 a.m. in Patoda city, however, they could not find such pesticides in the godown. Thereafter, he made inquiry and came to know from one Babu Haribhau Shinde, R/o Belewadi, Tq. Patoda that he had purchased DAP (18:46:00) on the same day from Shivraj Fertilizers run by the applicant in Anticipatory Bail Application No.1528 of 2021. Final receipt about the purchase was not given, but he had paid amount of Rs.7,530.00 for six bags. After the bag was opened, it was noticed by the informant that it does not contain original pesticide DAP (18:46:00). He also got it confirmed from the official of Zuari Chemicals, the pesticide company. It was also found that the bag is fake and it contains different material than the original. Further, the informant says that when he received further information, he visited Mansur Agriculture Service Centre and found seven bags kept for sale. In fact, those bags were looking like original, but they were not original and he found some irregularities in sale of pesticides by the said shop owner, who is the applicant in Anticipatory Bail Application No.1534 of 2021 and, therefore, the First Information Report has been lodged.