* 1 * Cri.Appln.2082.2010 11.8.2011 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION NO. 2082 OF 2010 Mr. Rambadhran Gopalkrishnan & Ors. .... Applicants V/S. The Senior Inspector of Police Khed Police Station, Dist-Ratnagiri & Ors. .... Respondents Mr. Shirish Gupte, Senior Counsel i/by. Mr. Subodh Desai, Advocate for the applicants. Mrs. U.V. Kezriwal, APP for the State. CORAM :- Smt. R.P. SondurBaldota, J. 11th August, 2011. P.C. :- 1. Rule. By consent, taken up for final hearing. 2. This application is for quashing of R.C.C. No.9/2008 pending in the Court of Judicial Magistrate First Class, Khed, District-Ratnagiri. 3. The brief facts of the case are that :- . The applicants at the relevant time were part of the Board of Directors of Rallis India Limited, a company engaged in the manufacture of pesticides and insecticides amongst others, with its factory at Plot No.D-26, MIDC, Lote-Parshuram, Taluka-Khed, District-Ratnagiri. In the process of manufacturing, the company is * 2 * Cri.Appln.2082.2010 11.8.2011 required to use furnace oil and high speed diesel. The company has been holding a license since the year 1998 for the purpose from the Chief Controller of Explosives under the Petroleum Act. On 5th June, 2000 the Central Government issued a notification published in the Official Gazette of the Maharashtra Solvent Raffinate & Slop (Acquisition, Sale, Storage and Prevention of Use in Automobiles) Licensing Order, 2000. Clause 3 of that Order mandates that no person shall either acquire, store or sell solvent included in the Schedule to Clause (3) without a license. The Company therefore applied for license on 9th December, 2001 which came to be issued to it on 18th May, 2006. On 21st September, 2006 an offence came to be registered against the applicants vide C.R. 19 of 2006 alleging violation of Rule 4(b) of the Maharashtra Solvent Raffinate & Slop (Acquisition, Sale, Storage and Prevention of Use in Automobiles) Licensing Order, 2000 and Sections 3 and 7 of the Essential Commodities Act. During the period June, 2000 to 18th May, 2006 since the Company was already issued license on 18th May, 2006 i.e. prior to registration of the FIR and since the Company had taken bonafide and appropriate steps for obtaining the required license, it made a representation to the Collector and District Magistrate Ratnagiri for validation of the license with retrospective * 3 * Cri.Appln.2082.2010 11.8.2011 effect. The Collector and District Magistrate by his order dated 13th November, 2006 condoned the breaches and validated the license granted on 18th May, 2006 with retrospective effect from 9th August, 2000. It appears that thereafter, the Tahsildar, Khed sent letter to the Senior Inspector of Police, Khed Police Station that in the light of the order passed by the Collector and District Magistrate, Ratnagiri dated 3rd November, 2006 the prosecution be dropped. However, by that time, the police had already filed chargesheet. Therefore the present application for quashing. 4. Heard the counsel and the learned APP. In the facts and circumstances of the case, there is no question of continuing with the complaint. Hence, the application is allowed in terms of prayer clause (b). [SMT. R.P. SONDURBALDOTA, J]