Dismissed

Indhia Fertilizers v. the State Rep by Its

Madras HC8 Jan 2024CRL OP/27598/2022

Case brief

AI extract

What is this about?

The High Court rejected an application under CrPC 482 seeking to quash an FIR for alleged violations of the Fertilizer Control Order and Essential Commodities Act. The court found a prima facie case due to unaccounted storage of fertilizers and dismissed the petition.

What did the court decide?

The petition was dismissed, costs were not awarded, and connected petitions were closed.

Indhia Fertilizers Vs the State Rep by Its — Quashing and FIR | Madras HC (2024)

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IN THE HIGH COURT OF JUDICATURE AT MADRAS

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DATED: 08.01.2024

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CORAM:

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THE HON'BLE MRS.JUSTICE T.V.THAMILSELVI

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CRL.OP No. 27598 of 2022

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1 INDHIA FERTILIZERS REP BY ITS MANAGER MR.RIAZ AHMED AGE 52 S/O. SHARFUDEM NO.744 745/1 CHENNAI MAIN ROAD VIKRAVANDI - 605 652 VIL

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...petitioners

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Vs.

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1 THE STATE REP BY ITS THE SUB INSPECTOR OF POLICE CSCID VILLUPURAM POLICE STATION VILLUPURAM DISTRICT.

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...Respondent

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PRAYER : This petition has been filed under Section 482 of Cr.P.C, to call for the records relating to the FIR in Crime no.90/2022 dated 20.05.2022 on the file of the Sub Inspector of police CBCID Villupuram police station Villupuram District.

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https://www.mhc.tn.gov.in/judis

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For petitioner : M/s.AL.Canthimathi

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For respondents: S.Vinoth Kumar, Government

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Advocate (Crl. side)

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ORDER

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The petitioner herein filed this petition t o call for the records relating to the FIR in Crime no.90/2022 dated 20.05.2022 on the file of the Sub

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Inspector of police CSCID Villupuram police station Villupuram District.

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The case of the prosecution is that the petitioner herein is the manufacturer of fertilizers and is having fertilizer unit in the name of M/s. Indhia Fertilizer which has been granted license for manufacturing mixed fertilizers. On 06.05.2022, an inspection was conducted by the Assistant Director of Fertilizer in the petitioner firm and it was found that 24.800 MT of mixed fertilizers and 11.900 MT of Std Mixed No. 29 and 12.900 MT of Std Mixed No. 18 has been stored in the fertilizer unit and the same has not

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bee properly accounted in the register maintained by the unit and as such, the same is in violation of the provisions section 21(a), 28, 34, 35 and 37 of

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https://www.mhc.tn.gov.in/judis

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the Fertilizer Control order, 1985 and Section 7(1)(a) (ii) of Essential Commodities Act, 1955. Hence, the FIR was registered against the petitioner

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in crime No. 90 of 2022 and to quash the same the petitioner filed this petition.

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3. Heard both sides.

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4.On perusal of records, it reveals that the during inspection at M/s. Indhia Fertilizer, Assistant Director of Fertilizer, found that 24.800 MT of mixed fertilizers and 11.900 MT of Std Mixed No. 29 and 12.900 MT of Std Mixed No. 18 has been stored in the fertilizer unit and it was not accounted properly in the register. There is prime facie case for the alleged offence is made out against the petitioner. Hence, this Court is not inclined to quash the FIR in crime No. 96 of 2022. Accordingly, this petition is dismissed. No Costs. Consequentially connected miscellaneous petitions are closed.

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08.01.2024

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pbl

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To The Public Prosecutor, High Court, Madras.

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https://www.mhc.tn.gov.in/judis

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T.V.THAMILSELVI, J.

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pbl

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CRL.OP No. 27598 of 2022

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and Crl. MP. Nos. 16956 & 16957 of

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2022

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08.01.2024

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https://www.mhc.tn.gov.in/judis

Indhia Fertilizers v. the State Rep by Its

Case brief

What is this about?

What did the court decide?

Indhia Fertilizers v. the State Rep by Its

Case brief

What is this about?

What did the court decide?

What the court decided

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