1 IN THE HIGH COURT OF JUDICATURE OF BOMBAY BENCH AT AURANGABAD CRIMINAL APPLICATION NO.2757 OF 2010 Vikas S/o.Madhubankumar Gupta, Age-27 years, Occu-Business, R/o.Row House No.3, Sakar Shrusti Kinkorban Nagar, Near Cotton Silk Mill, Opp. MIT college, Beed Bye-pass Aurangabad. APPLICANT VERSUS 1. The State of Maharashtra, 2. Superintendent of Police, Aurangabad RESPONDENTS Mr.N.S.Ghanekar, learned counsel for applicant. Mr.P.P.More, learned APP for State CORAM : A.V.POTDAR, J. DATE : 17/08/2010 PER COURT : 1. By the present application, the applicant has approached this Court to get released on anticipatory bail in the event of his arrest in connection with CR No.84/2010, registered in Bidkin Police Station of Dist. Aurangabad. 2. On 19/07/2010, interim protection was granted to the applicant, which was extended from time to time. 2 3. Heard learned counsel for applicant, learned APP for State. Perused the papers of investigation till carried out. 4. It appears that the said CR came to be registered on the complaint of one Prabhakar Rathod, who is serving as A.S.I. In Bidkin Police Station of Dist. Aurangabad, wherein it is alleged that on 29/06/2010, on the basis of secret information, the factory premises of Sonal Agro Industroes, situated at Plot No.29 of MIDC, Chittegaon, was raided by the police in presence of Fertilizer Inspector. At the time of said raid, brother of the applicant was present at the spot. At that time, the raiding police party and the Fertilizer Inspector have noticed that mixing activity was in progress of certain white powder, known as Gypsum, which is a type of mineral, with the soil and packing work of it in different gunny bags was also in progress. All this material was seized at the spot under the panchnama. According to the prosecution, the material which is mixed, manufactured, and packed in the factory premises of Sonal Agro Industries, was sold to the farmers as ‘fertilizer’, which is in violation of the rules under the Fertilizer Control Rules and thus there is prima facie offence punishable u/s. 420, 114 r/w. 34 of IPC. 5. Considering the submissions across the bar, one fact is clear that this Sonal Agro Industries is not holding any valid license to sell, manufacture or to deal with the fertilizer business. Then in the premise, it is necessary to consider what is seized at the spot, whether it is fertilizer or non fertilizer items. For this purpose, notice 3 issued by the Fertilizer Inspector to the said applicant alongwith the material seized under 5 different categories require to be considered. At page no.32 to 36, copies of the notices were placed on record, which shows that under Item No.3 (I), all these 5 items under the head of soil conditioner, but under different name as Durga Mix, Supreme Brand, Krushi Vaibhav, Pragati Star, Super Power was sold. All these 5 brands were available in 5 different categories, and packed in different gunny bags. 6. During the course of submissions, learned APP has drawn my attention towards certain Transport Invoices, in which the material, which was carried through transport, is described as fertilizer. It can not be accepted that the transported articles are fertilizers as if the invoices and receipts of the articles which are transported disclose that those articles are sold as fertilizers to the different Krushi Kendra as well as to individual farmers, then one can understand the product of Sonal Agro Industries which is sold as soil conditioner produced in the market, not as soil conditioner, but as a fertilizer. In absence of any such material collected during the investigation, it can not be inferred that the applicant is selling that product in the market not as soil conditioner, but as fertilizer. Considering these aspects, case is made out to enlarge the applicant on anticipatory bail in the event of his arrest in the extra ordinary jurisdiction of this Court. 7. In the result, application is allowed. Interim relief granted on 4 19/07/2010 is hereby extended till filing of the charge sheet. Applicant to give attendance in Bidkin Police Station, whenever required on written intimation by the concerned Investigation Officer. Application stands disposed of accordingly. (A.V.POTDAR, J.) khs/AUG 2010/cri.appl.2757-10