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M/s. Adinath Agro Industries Dharangaon Road, Parola (Rural) & Another v/s The State of Maharashtra The Department of Agriculture Through Sidhanath Sadhu Kalel & Others


Company & Directors' Information:- F AND K AGRO PRIVATE LIMITED [Active] CIN = U01111PN1980PTC014563

Company & Directors' Information:- R K B AGRO INDUSTRIES LIMITED [Active] CIN = L17100KA1979PLC003492

Company & Directors' Information:- R T AGRO PRIVATE LIMITED [Active] CIN = U15400MH1988PTC122934

Company & Directors' Information:- K F AGRO PRIVATE LIMITED [Active] CIN = U01132PB1998PTC021937

Company & Directors' Information:- J R AGRO INDUSTRIES PRIVATE LIMITED [Active] CIN = U15342UP1982PTC005792

Company & Directors' Information:- B M AGRO INDUSTRIES LIMITED [Active] CIN = U74899DL1992PLC049988

Company & Directors' Information:- R S AGRO INDUSTRIES PRIVATE LIMITED [Active] CIN = U15319DL1998PTC097025

Company & Directors' Information:- V A AGRICULTURE PRIVATE LIMITED [Active] CIN = U01119DL2003PTC121735

Company & Directors' Information:- S N T AGRO INDUSTRIES PRIVATE LIMITED [Active] CIN = U01122DL1997PTC086925

Company & Directors' Information:- S K K AGRO PRIVATE LIMITED [Active] CIN = U01110DL2007PTC163157

Company & Directors' Information:- D D AGRO INDUSTRIES LIMITED [Active] CIN = U24219PB1999PLC022487

Company & Directors' Information:- B R V AGRO PRIVATE LIMITED [Strike Off] CIN = U15139UP2007PTC034299

Company & Directors' Information:- S S D AGRO INDUSTRIES PRIVATE LIMITED [Active] CIN = U15100MH1998PTC113744

Company & Directors' Information:- B. P AGRO INDIA PRIVATE LIMITED [Active] CIN = U15132DL2019PTC357421

Company & Directors' Information:- M Y AGRO PRIVATE LIMITED [Active] CIN = U51221DL2011PTC215043

Company & Directors' Information:- M R AGRICULTURE PRIVATE LIMITED [Active] CIN = U15312CT2008PTC020983

Company & Directors' Information:- S. A. B. INDIA AGRO INDUSTRIES LIMITED [Active] CIN = U01403UP2009PLC038365

Company & Directors' Information:- U K AGRO INDUSTRIES PRIVATE LIMITED [Strike Off] CIN = U15114UP2003PTC028107

Company & Directors' Information:- RURAL INDUSTRIES PRIVATE LIMITED [Active] CIN = U51909WB1998PTC087412

Company & Directors' Information:- R. K. AGRO INDUSTRIES PRIVATE LIMITED [Under Process of Striking Off] CIN = U15410WB2012PTC180269

Company & Directors' Information:- C F L AGRO PRIVATE LIMITED [Strike Off] CIN = U01409KA2001PTC028797

Company & Directors' Information:- R J AGRO INDUSTRIES PRIVATE LIMITED [Strike Off] CIN = U15311KA2005PTC035485

Company & Directors' Information:- S O I AGRO INDUSTRIES PRIVATE LIMITED [Strike Off] CIN = U15310GJ2010PTC059966

Company & Directors' Information:- L K AGRO PRIVATE LIMITED [Active] CIN = U15140MH1998PTC115185

Company & Directors' Information:- H D AGRO PRIVATE LIMITED [Strike Off] CIN = U01111MH1996PTC097451

Company & Directors' Information:- P C L AGRO PRIVATE LIMITED [Active] CIN = U74899DL1992PTC049537

Company & Directors' Information:- A S AGRO PRIVATE LIMITED [Active] CIN = U74899DL1989PTC040467

Company & Directors' Information:- S N N AGRO PRIVATE LIMITED [Active] CIN = U01114JH2016PTC008919

Company & Directors' Information:- S I P AGRO INDUSTRIES LIMITED [Strike Off] CIN = U01403WB2012PLC188362

Company & Directors' Information:- S. S. AGRO INDUSTRIES PRIVATE LIMITED [Active] CIN = U15490PN2013PTC146574

Company & Directors' Information:- D. J. AGRO PRIVATE LIMITED [Strike Off] CIN = U01112DL1994PTC057414

Company & Directors' Information:- M K B AGRO PRIVATE LIMITED [Active] CIN = U01100MH1996PTC101802

Company & Directors' Information:- S G AGRO PRIVATE LIMITED [Active] CIN = U01122KA1995PTC017091

Company & Directors' Information:- J J AGRO INDUSTRIES PRIVATE LIMITED [Active] CIN = U15130MH1980PTC023302

Company & Directors' Information:- A R AGRO INDUSTRIES PRIVATE LIMITED [Active] CIN = U74899DL1992PTC050526

Company & Directors' Information:- AGRO INDIA PRIVATE LIMITED [Active] CIN = U01407AR2013PTC008381

Company & Directors' Information:- B A B AGRO LTD [Strike Off] CIN = U24231MH1993PLC073114

Company & Directors' Information:- G S AGRO INDUSTRIES PVT LTD [Active] CIN = U01132WB1990PTC049960

Company & Directors' Information:- D V AGRO INDUSTRIES PRIVATE LIMITED [Active] CIN = U74899DL1993PTC051892

Company & Directors' Information:- B A B AGRO LTD [Active] CIN = U24233WB1987PLC043179

Company & Directors' Information:- K. K. AGRO PVT. LTD. [Strike Off] CIN = U51420WB1987PTC042090

Company & Directors' Information:- K D AGRO PRIVATE LIMITED [Converted to LLP] CIN = U15312DL2005PTC131996

Company & Directors' Information:- N & N AGRICULTURE (INDIA) PRIVATE LIMITED [Strike Off] CIN = U15137TN1998PTC040875

Company & Directors' Information:- P AND G AGRO INDUSTRIES P LTD [Strike Off] CIN = U99999UP1985PTC007509

Company & Directors' Information:- R. K. G. S. AGRO INDUSTRIES PRIVATE LIMITED [Active] CIN = U15100UP2017PTC097391

Company & Directors' Information:- A Q AGRO PVT LTD [Under Process of Striking Off] CIN = U51209WB2006PTC109930

Company & Directors' Information:- S U B AGRO PRIVATE LIMITED [Active] CIN = U24129PN2000PTC015404

Company & Directors' Information:- T & T AGRO PRIVATE LIMITED [Active] CIN = U01132WB1999PTC090368

Company & Directors' Information:- P A AGRICULTURE PVT LTD [Converted to LLP] CIN = U01400WB2006PTC109723

Company & Directors' Information:- C L AGRO PRIVATE LIMITED [Strike Off] CIN = U74120UP2012PTC051898

Company & Directors' Information:- J P AGRO AND AGRICULTURE PRIVATE LIMITED [Active] CIN = U01100DL2020PTC369157

Company & Directors' Information:- R E I AGRO LTD. [Active] CIN = U01111WB1994PLC065082

Company & Directors' Information:- V G AGRO INDUSTRIES LIMITED [Strike Off] CIN = U01400DL1993PLC051666

Company & Directors' Information:- P & S AGRO INDIA LIMITED [Strike Off] CIN = U01403MH2011PLC214782

Company & Directors' Information:- D N D AGRO (INDIA) LIMITED [Active] CIN = U01403PN2011PLC139235

Company & Directors' Information:- L C A AGRO PRIVATE LIMITED [Strike Off] CIN = U01112UP2005PTC029657

Company & Directors' Information:- V M G AGRO INDIA LIMITED [Active] CIN = U01100MP2011PLC026434

Company & Directors' Information:- G D AGRO PRIVATE LIMITED [Strike Off] CIN = U24122UP1993PTC015164

Company & Directors' Information:- P B AGRO PRIVATE LIMITED [Amalgamated] CIN = U26960MH1990PTC057137

Company & Directors' Information:- R S AGRICULTURE PRIVATE LIMITED [Under Process of Striking Off] CIN = U01119PB2002PTC024977

Company & Directors' Information:- G T AGRO INDIA PRIVATE LIMITED [Strike Off] CIN = U74899DL2005PTC142577

Company & Directors' Information:- F AND K AGRO PVT LTD [Strike Off] CIN = U29248PN1980PTC022759

Company & Directors' Information:- T S AGRO INDUSTRIES PVT LTD [Strike Off] CIN = U15209UP1987PTC008974

Company & Directors' Information:- E M AGRO (INDIA) PRIVATE LIMITED [Strike Off] CIN = U02001UP1997PTC022261

Company & Directors' Information:- A N AGRO PRIVATE LIMITED [Strike Off] CIN = U01119DL1996PTC081855

Company & Directors' Information:- V R L AGRO PRIVATE LIMITED [Strike Off] CIN = U85110KA1999PTC024717

Company & Directors' Information:- B AND P AGRO INDUSTRIES PRIVATE LIMITED [Strike Off] CIN = U01110MH1972PTC015574

Company & Directors' Information:- P. S. R. AGRO PRIVATE LIMITED [Active] CIN = U24248UP1974PTC004017

Company & Directors' Information:- O N AGRO PRIVATE LIMITED [Active] CIN = U74899DL1988PTC031986

Company & Directors' Information:- P V R K AGRO INDUSTRIES PVT LTD [Strike Off] CIN = U01119AP1988PTC008395

Company & Directors' Information:- K R S AGRO PRIVATE LIMITED [Strike Off] CIN = U01400PN2011PTC141711

Company & Directors' Information:- J K AGRO PRIVATE LIMITED [Strike Off] CIN = U74900PY2011PTC002548

Company & Directors' Information:- Y R AGRICULTURE PRIVATE LIMITED [Strike Off] CIN = U01403PB2014PTC038825

Company & Directors' Information:- K R P AGRO INDUSTRIES PVT LTD [Active] CIN = U01110MH1991PTC062304

Company & Directors' Information:- G T M AGRO PRIVATE LIMITED [Strike Off] CIN = U01100MH2005PTC150816

Company & Directors' Information:- Y K AGRO PRIVATE LIMITED [Converted to LLP and Dissolved] CIN = U74999DL2013PTC250398

Company & Directors' Information:- N P M AGRO PRIVATE LIMITED [Strike Off] CIN = U15494DL2011PTC214942

Company & Directors' Information:- D A AGRO PRIVATE LIMITED [Active] CIN = U74900DL2015PTC288168

Company & Directors' Information:- D. B. AGRO PRIVATE LIMITED [Active] CIN = U01100MP2010PTC025035

Company & Directors' Information:- ADINATH INDIA PRIVATE LIMITED [Active] CIN = U15316HR2012PTC047528

Company & Directors' Information:- AGRICULTURE AND INDUSTRIES LIMITED [Dissolved] CIN = U99999MH1946PLC010359

    Criminal Writ Petition No. 1508 of 2017

    Decided On, 07 August 2018

    At, In the High Court of Bombay at Aurangabad

    By, THE HONOURABLE MR. JUSTICE MANGESH S. PATIL

    For the Petitioners: V.D. Hon, Sr. Advocate h/f. A.V. Hon, Advocate. For the Respondents: B.V. Virdhe, A.P.P.



Judgment Text

1. Heard. Rule. The Rule is made returnable forthwith. The learned A.P.P. waives service for the respondent-state. With the consent of both the sides the matter is heard finally.

2. The petitioners who are the accused nos.4 and 5 in Regular Criminal Case No. 34 of 2017 pending in the Court of learned Judicial Magistrate First Class, Raver, District Jalgaon have filed this writ petition under Article 227 read with Article 226 of the Constitution of India as also under Section 482 of the Cr.P.C. for quashing the criminal case.

3. Stated in brief the facts leading to the filing of this writ petition are to the effect that the complainant was designated as an Agriculture Extension Officer in the office of Panchayat Samiti, Raver and was appointed as such under Clause-27 of the Fertilizer (Control) Order, 1985 promulgated under the provisions of Essential Commodities Act, 1955 and his such appointment was duly notified by the State Government on 13.10.2010. The accused no.1 is a firm dealing in fertilizers which is the respondent no.2 herein. The accused no.2 who is the respondent no.3 herein is the owner of the accused no.1 and accused no.3 who is the respondent no.4 herein was working as a Manager there. Pursuant to the power delegated to him under Clause-28 (i) (b) of Fertilizer (Control) Order, 1985, he inspected the godown of the accused no.1 on 19.07.2016. He found that a mixed fertilizer of Calcium : Magnesium : Sulphur in grade of 10:5:10 in granular form manufactured by the accused nos.4 and 5 who are the petitioners herein was stocked therein for sale. It was bearing Lot no.022 and the date of manufacture was 05/2016 and it was expected to conform to schedule to partA of Fertilizer (Control) Order, 1985. Three test samples were collected and were duly sealed, one of them was handed over to the accused no.1dealer, second sample was sent for chemical analysis to the Analytical Chemist, Fertilizer Testing Laboratory along with a memorandum in the requisite Form-K dated 19.07.2016 and the third sample was retained in the office of the complainant. After analysis a report in FormL was received. It was found that the sample was non standard and was not according to the specification. The variation in the contents was above the permissible tolerance limit. It was a contravention of Clause-b of Fertilizer (Control) Order. A notice was issued to the accused nos. 1 and 4 i.e. the Dealer and Manufacturer. Pursuant to such notices they submitted a reply and further requested for reanalysis as per the provisions of Clause 32(A) (2) of the Fertilizer (Control) Order. It was got done from another laboratory and still it was again declared to be non standard and was not conforming to the specifications laid down under Fertilizer (Control) Order. Thus all the accused had contravened Clause-19(a) (b) of Fertilizer (Control) Order which was an offence punishable under Section 3 read with Section 7 of the Essential Commodities Act, 1955 and sought to punish them. The process was issued. Hence this petition.

4. The learned senior advocate for the petitioners vehemently submitted that the specification laid down for manufacture of Secondary Nutrient Mixture of fertilizer of Calcium : Magnesium : Sulphur in proportion of 10:5:10 laid down by the State Government in pursuance of Sub-clause 2 of Clause-13 of the Fertilizer (Control) Order as per the advise of State Fertilizer Committee constituted under Sub-clause 5 of Clause38 of that order dated 31.10.2013 itself was having inherent defects and limitations. It was only after it was realised, the State Fertilizer Committee in its meeting dated 28.10.2016 specifically noted in its minutes that there was a technical difficulty and many samples of the fertilizer mixture in the proportion of 10:5:10 were turning out to be non standard. Considering the percentage of such non standard fertilizer that were being detected, it was advised by the committee that new grade had to be formulated by appointing a technical committee and accordingly even such a committee was constituted. According to the learned senior advocate, these minutes clearly demonstrate that there could be some inherent limitations and defects in maintaining the standard specification while manufacturing the mixed fertilizer of Calcium : Magnesium : Sulphur in proportion of 10:5:10 and if that be so, the petitioners cannot be made to face the prosecution. When the committee of experts admitted that there are some inherent limitation in maintaining such standard, no fault can be found with the petitioners, even if it is assumed that the samples did not conform to the specifications in respect of such a mixture manufactured by the petitioners. He would therefore submit that in view of such grey area in respect of the specification laid down for manufacture of such mixed fertilizer the petitioners must be given benefit and the complaint is liable to be quashed and set aside.

5. The learned A.P.P. submitted that the complainant had visited the godown and had taken samples of the fertilizer on 19.07.2016. Samples were taken, those were duly analysed and had turned out to be substandard and the offence was completed even before the State Fertilizer committee held its meeting on 28.10.2016. Even the samples were analysed prior thereto twice over and it is only after such a report of the committee that by a subsequent notification dated 15.07.2017 the earlier notification dated 31.10.2013 laying down the standards was denotified. Therefore, when the offence was already complete, such supervening circumstances would not come to the rescue of the accused persons and the petitioners. The fact remains that the petitioners had allegedly manufactured the mixed fertilizer and after following necessary procedure prescribed under the Fertilizer (Control) Order, the Fertilizer Inspector has lodged the complaint and as on the date of the complaint, there was enough material for proceeding against the petitioners and the rest of the accused persons. The decision of the State Fertilizer Committee would only operate prospectively and the petitioners are not entitled to derive any benefit therefrom at least at the threshold, even before framing of the charge.

6. It is quite clear that the whole emphasis of the learned senior advocate for the petitioners is on the fact that the State Fertilizer Committee also understood the defects and limitation in manufacturing the mixed fertilizers in that form and realising the difficulty it referred the matter to a committee of expert and the expert committee in its meeting dated 12.01.2017 also apparently resolved that it was difficult to manufacture mixed fertilizer in proportion of 10:5:10 in a granular form and it was necessary to fix new specifications and grades. However, it needs to be emphasised that the State Fertilizer Committee had held its meeting and had referred the matter to the expert committee which is still apparently working to fix new standard, it has nowhere been said or resolved by the State Fertilizer Committee that it was not at all possible to manufacture a mixed fertilizer conforming to the prescribed specification and grades as was notified by the notification dated 31.10.2013. On the contrary, the minutes of that meeting and particularly Clause3 would clearly show that All India Association of Mixed Fertilizers had submitted a written request to the committee to withdraw the complaints against the manufacturers which were already lodged. The proposal did not find favour with the committee and it specifically had insisted that necessary steps against such manufactures were needed and continued to be taken.

7. When admittedly, the alleged offence was committed when the notification dated 31.10.2013 was already in force and the offence was complete, as a logical and legal corollary the petitioners are legally bound to face the charge.

8. In this regard, it is necessary to observe that whether any mixed fertilizer was manufactured by the petitioners and whether due to the inherent defects in maintaining the prescribed standard they would be able to derive any benefit from it is a matter of evidence. The scope of the present inquiry does not permit this Court to examine that aspect of

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the matter. Therefore, as has been rightly submitted by the learned A.P.P., there is enough material to reveal complicity of the petitioner in commission of the crime and there is no sufficient ground to quash the criminal proceeding at the threshold by applying the principles laid down in the case of State of Haryana V/s Bhajanlal; AIR 1992 S.C. 604. 9. The writ petition is dismissed. 10. The rule is discharged. 11. After pronouncement of the judgment, the learned advocate for the petitioners submits that there was interim relief during the pendency of the writ petition and the arrangement be continued for four weeks so as to enable the petitioners to approach the Supreme Court. 12. Learned A.P.P. opposes the request. 13. Considering the fact that the interim relief was in operation during pendency of the writ petition, it shall continue till 28.08.2018.
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