JUZAR KHORAKIWALA Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) The petition is filed under Articles 226 and 227 of the Constitution of India for relief of quashing of F.I.R. No.339/2018 registered with Shahada Police Station District Nandurbar at the instance of respondent No.2 District Quality Control Inspector working in the office of District Superintending Agriculture Officer Nandurbar and the crime is registered for offences punishable under section 420 read with 34 of Indian Penal Code , Section 3(2) of the Essential Commodities Act, Clauses 7,12,13(2) and 19(a),(b)(c) (i) to (viii) of the Fertiliser (Inorganic, Organic or Mixed) (Control) Order 1985. Both the sides are heard.

(2.) Respondent No.2 visited the premises of New Saifi Machinery and Pesticide, Patel Market, Shahada on 18-8-2018 at about 4.00 p.m. for routine inspection of the articles which were being sold from that centre. It was noticed that in the premises, unregistered products like Amaze X Seaweed Granules and Biozyme Granules were kept there for sale and the name of the manufacturer was printed as Biostadt India Ltd Mumbai. As the respondent No.2 suspected that in the unregistered products there was sale of probably chemical fertilizer by manufacturing chemical fertiliser he collected samples of both the aforesaid products as provided in the Fertilizer (Inorganic, Organic Or Mixed) (Control) Order 1985 (hereinafter referred to as "the Order"). He had feeling that inorganic fertiliser like NPK and Ca,Mg,S were being sold under the aforesaid names. He sent the samples to Fertilizer Control Laboratory Nasik which is notified under notification dated 25-11-1987 as provided under the Order.

(3.) The report of the laboratory in respect of the products sold under different names in four samples was as under.