MANOJ KUMAR Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) Heard Mr. A.K.Kashyap, the learned Senior counsel appearing for the petitioner and Mr. B.N. Ojha, the learned counsel appearing on behalf of the respondent State.

(2.) This petition has been filed for quashing of the order dtd. 23/8/2021 passed in Cr.Revision No.84 of 2019 and the order dtd. 1/10/2019 passed by the learned Judicial Magistrate First Class, Hazaribagh, in Sadar P.S. Case No. 632 of 2012, G.R. No.3354 of 2012 whereby the petition filed by the petitioner for discharge has been rejected and has been affirmed by the court of learned Sessions Judge. The discharge petition filed by the petitioner was rejected by the court of learned Judicial Magistrate, First Class, Hazaribagh which was challenged before the learned revisional court and the learned Sessions Judge, Hazaribagh has also been pleased to dismiss the revision petition.

(3.) The prosecution was initiated against the petitioner alleging therein that on the basis of written report of one Sukhdeo Hembrom, District Agriculture Officer cum Fertilizer Inspector addressed to the Officer in Charge, Sadar Police Station, Hazaribagh dtd. 29/7/2012 alleging inter alia that on the direction of the S.D.O Sadar the informant along with other officials raised Sonu Traders, Korra Road, Hazaribagh and had recovered bags containing fertilizer from there. The raiding party raided the godown of the Sonu Traders and recovered and seized huge quantity of fertilizers as per the seized huge quantity of fertilizers as per seizure list from there. It has further been alleged that the owner of Sonu Traders namely the petitioner used to sell the fertilizer on high price. It is also alleged in the written report that the petitioner had license upto 31/3/2013. It is alleged that the petitioner violated clause 19 and 23 of the Fertilizer Control Order, 1985.