Fertiliser dealer prosecuted for storing stock at two nearby places
Police and the Fertiliser Inspector booked a fertiliser dealer in Ratlam district for storing fertiliser at two places other than the licensed premises. The dealer said the shift was temporary during godown repairs and had been intimated in writing. The High Court held no offence was made out and discharged the dealer.
This page records what the cited court, tribunal and government records say happened. Findings belong to the court or authority that made them; this register adds none of its own. Names of private individuals are withheld unless a naming gate clears them.
How we verify →Charge order dated 24.2.2021 and revisional order dated 19.07.2023 are quashed and the dealer stands discharged.
What happened
The High Court recorded that the Fertiliser Inspector complained on 17.11.2019 that inspection of a shop at Old Namli Bus Stand showed fertiliser stored at two other places, a tin-shed near a clinic and a shop near a bank on the main road, while the licence permitted storage only at the licensed shop.
The High Court recorded that police at Namli registered an FIR under Sections 3 and 7 of the Essential Commodities Act read with Clause 7 of the Fertiliser (Control) Order, seized documents, recorded witnesses, and filed a final report. The Magistrate framed charge and the Sessions Court affirmed it.
The High Court recorded that the dealer contended Clause 7 did not require such intimation, there was no allegation of displaying a price list or offering sale from the two places, and a letter dated 15.10.2019 about temporary shifting for godown repairs had been received by the authority on 16.10.2019.
The High Court held that violation of Clause 6 or 7 was not prima facie made out, that prosecution would be abuse of process, and quashed the charge orders. The Court stated the petitioner stands discharged.
What the record says
“Consequently, the order dated 19.07.2023 passed by I Additional Sessions Judge Ratlam in criminal revision no. 36/2021 affirming the order dated 24.2.2021 passed by Judicial Magistrate First Class Namli in RCT No. 35/2020 is quashed. The petitioner stands discharged.”
MCRC No. 38683 of 2023, para 9 — read the full text
A peaceful economic act
Storing goods at a different place and paperwork about storage harmed no one. No PDS diversion, adulteration, cheating, spurious product or victim was alleged.
What we could not confirm
Exact inspection date beyond complaint date 17.11.2019 could not be confirmed; quantity and value of fertiliser were not stated in the order.