Mumbai: The Aurangabad bench of the Bombay High Court recently refused to quash an FIR, registered against two manufacturers of fertilisers, who supplied their products to farmers. The HC noted that these manufacturers sold chemicals under the guise of fertilisers, by which the farmers ended up damaging their soils.
A bench of Justices Tanaji Nalawade and Mangesh Patil said it won’t quash the FIR registered against the two manufacturers, one from Worli, Mumbai.
The duo wrer booked under the provisions of the Indian Penal Code (IPC), Essential Commodities Act and also the sections of Fertilisers (Inorganic, Organic or Mixed) Control Act. The accused — Juzar Khorakiwala (69) and Jaikumar Sedha (54) — are facing the FIR after the Pune police seized the unregistered products like Amaze X Seaweed Granules and Biozyme Granules, which were kept in the shops of the duo, for sale.
The seized material was sent to laboratory and its report concluded that the representation made on the packets (of the products), claiming it to be registered and certified fertilisers, were false. Having perused the report, the bench said, “These days farmers are inclined to use bio-fertiliser and organic fertiliser to see that quality of their land is improved and to ensure that there is no further damage to their land.
Ideally, the farmers are expected to get soil tested and use the fertilisers and particularly chemical fertiliser as per the needs of nutrients.” “In view of these circumstances it can be said that the accused were committing fraud by making false representation to the farmers.
The registration (of products) ought to have been obtained, certificate ought to have been obtained in respect of the product and the product ought to have been in conformity with the standards, as envisaged in the law,” the judges said.
The bench further said there is total breach of the relevant provisions of the law.
“The purpose is the prevention of manufacture of such bogus fertiliser. Considering the posts of the accused, it can be said that they are actively involved in the manufacturing activity,” the bench noted. “Thus, this court holds that there is more than sufficient material to make out prima facie case for the offences as mentioned in the FIR and it is not possible to quash and set aside the same,” the bench said while dismissing the plea.
