LAWS(BOM)-2019-11-272

PRASHANT DEORAO BHALERAO Vs. STATE OF MAHARASHTRA

Decided On November 20, 2019
Prashant Deorao Bhalerao Appellant
V/S
STATE OF MAHARASHTRA Respondents

JUDGEMENT

(1.) This is an application u/S.438 of the Criminal Procedure Code.

(2.) The applicant claims to have reasonable apprehension of being arrested in connection with Crime No. 33/2019 registered with Dhule City Police Station for offence punishable under Section 420 of the Indian Penal Code and u/S. 3(k)(vi) and 18(1)(a) of the Insecticides Act, 1968.

(3.) F.I.R. has been lodged by Quality Control cum Insecticides Inspector, Dhule on 30.1.2019. Informant visited a shop ' Ashish Agencies' , Dhule, on 18.12.2018 to find a stock of ' Boom Flower Ultra' Nitrobenzene 20% EW manufactured by M/s Devi Crop Science Private Limited, Madurai. The container of Boom Floor Ultra Nitrobenzene did not bear CIB registration number. The informant, therefore, contacted the company and asked to produce registration certificate. The company gave reply to have applied for CIB registration. It was found that the company was authorized/permitted to manufacture Nitrobenzene for export purpose only. As such, the company was not authorized to sell Nitrobenzene in India. The informant therefore, lodged the report asserting therein the company to have cheated the Government of India and thereby committed offence u/S. 420 of the I.P.C. and under relevant provisions of the Insecticides Act.