1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH, NAGPUR. Criminal Application No. 2533 of 2009 Santosh and ors v. The State of Maharashtra -------------------------------------------------------------------------------------------- Office notes, Office Memoranda of Coram, appearances, Court's orders or directions and Registrar's orders. Court's or Judge's Orders. Ms S. Wandile, APP for State Coram: A.P. Bhangale, J Dated : 5th August 2009 1. Applicants are apprehending arrest in Crime No. 3080/09 registered with Police Station, Arni for the offences punishable under Sections 3 & 7 of the Essential Commodities Act, 1955; Section 3 of the Fertilizers Movement Control Order, 1973; under Sections 5, 7, 19 (a) (b) of the Fertilizers Control Order, 1985 and Section 420 read with Section 34 of the Indian Penal Code. 2. On the complaint of one Pramod Jaiswal, police visited the spot and prepared spot panchanama and found that there 289 bags of different varieties of fertilizers. After preparing spot panchanama, sample of fertilizer was collected and the same came to be sent to Fertilizer Control Laboratory at Aurangabad, Pune and Amravati for verification of contents of fertilizer. On receipt of analysis reports from Laboratories at Pune and Aurangabad, it is found that seized fertilizer is below prescribed standard. 3. None appears for applicants. It is contended by learned Addl. Public Prosecutor that as per the Circular dated 20.6.2009 issued by the Agricultural Commissionerate, MS, Pune, fertilizers manufactured by M/s Godavari Phosphate 2 Limited in the brand name of “Bhumiratna” is banned in the State of Maharashtra with effect from 16.1.2009. It is averred in the application by the applicants that fertilizers are not made available to the cultivators at proper time and artificial shortage is created by the dealers concerned. Due to this, fertilizers are required to be purchased by cultivators at high and excessive rates as per the choice of dealers. Therefore, applicants purchased the fertilizers in advance in odd season and they had no intention to illegally stock the fertilizer and for onward illegal sale or indulge into black-marketing. As against this, learned APP submits that applicants had every intention to make illegal stock of banned fertilizers not for their personal use but for sale in the market to poor fertilizers. In support of this submission, copies of bills issued by the applicants are produced on record. Learned APP submits that none of the applicants has valid licence to sell the fertilizers. She further submits that custodial interrogation of applicants is necessary since there is possibility of the applicants having hidden more stock of banned fertilizers and stock of other fertilizers without valid licence. She reiterates that the applicants are prima facie found to be in possession of fertilizer not conforming to the prescribed standard and that too of a manufacturer whose product is banned for sale in the State of Maharashtra. 4. Looking to the nature of allegation and gravity of offences in which applicants are found to be prima facie involved, I think that regular court cannot be bye-passed. In the circumstances, interim bail granted to the applicants by this Court vide order dated 7th July 2009 shall continue till 20th August 2009. Applicants shall formally surrender before the remand court on or before 20th August 2009 and may apply for grant of regular bail which shall be considered by the remand court on its own merit. Needless to mention, respondent shall be at liberty to apply for appropriate remand of applicants before the concerned court. It is made clear that interim bail extended to the applicants shall automatically expire at the end of 20th August 2009. Application 3 stands disposed of accordingly. Judge. hsj