1 / 5 7-aba 747-25 IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH : NAGPUR CRIMINAL APPLICATION(ABA) NO.747 OF 2025 Arjun Sawairam Rathod Vs. State of Maharashtra ---------------------------------------------------------------------------------------------- Office notes, Office Memoranda of Coram, appearances, Court's orders Court's or Judge's Orders. or directions and Registrar's orders. ---------------------------------------------------------------------------------------------- Mr.V.S.Gokhale, counsel for the applicant. Mr.Ashish Kadukar, APP for the State. CORAM : MRS. VRUSHALI V. JOSHI, J. DATE : 28/11/2025 1) The applicant has apprehension of arrest in connection with Crime No.339 of 2025 registered at Police Station Pusad (Rural), district Yavatmnal for the offences punishable under Sections 3(2)(d), 7 of Essential Commodities Act, 1955, Sections 7, 8, 5, 21 of the Chemical Hazardus (Control ) Order, 1985 and Sections 318, 3(5) of the Bharatiya Nyaya Sanhita, 2023. 2) It is the case of the prosecution that the complaint was lodged by the Agriculture Assistant, Office of Taluka Agriculture Office, Pusad. The complainant has received the secret information that a Truck is standing and the agriculture chemicals are being de-boarded from the said Kavita 2025:BHC-NAG:13200 2 / 5 7-aba 747-25 truck. The said chemicals are being sold to the agriculturists illegally without license. The raid was conducted. 3) During raid, it was observed that certain chemical fertilizers were being dropped at the said spot. The raiding party took two persons in custody and enquired with them in regard to the chemical fertilizers. After enquiring with the truck driver and the cleaner, it was revealed that the said chemical fertilizers are being de-boarded at the instance of the present applicant and before the raiding party approached the spot, the pick-up van has already taken 2-3 trips with said fertilizers. The raiding party further enquired in regards to bill-T and E-way bill. On enquiry of these two documents, the driver had shown one E-way bill in the name of Shri Om Sai Fertilizers addressed to M/s. Agri Force Bio Industries, Nagpur and the said bills were having the details in regard to Organic Manure and Potash Mobilizing Bacteria, however, the said fertilizers were not seen on the spot. The driver then showed one delivery challan having details of Shakti Gold (Diatomite Silicon) 480 bags and 210 bags of Potash. The said delivery challan and invoice were shown to be in the name of the present applicant and the said bill was shown in the name of Agri Force Bio Industries, Nagpur. On verification of the material available on the spot, it was seen that 75 bags of 50 Kg Diatomite Silicon manufactured by Shri Om Sai Fertilizers and 116 bags of 50 Kg fertilizers and Kavita 3 / 5 7-aba 747-25 20 bags of 50 Kg each of Potash Mobile Bacteria were de- boarded from the said truck. The truck and the fertilizers were seized. It is seen that all the materials were being illegally transported and was supplied to the several agriculturists in the village illegally. The crime is registered against this applicant. 4) The learned counsel for the applicant has stated that the applicant has not committed any offence. It is not alleged that the bogus fertilizers were supplied. The applicant, is the purchaser and he used to supply the said fertilizers to the farmers. There is no complaint from any of the farmer about the bogus fertilizers. The fertilizers are already seized by the complainant. Custodial interrogation is not required. Hence, prayed to protect him by granting anticipatory bail. 5) The learned APP has opposed the application stating that the bill-T was different and the material which was seized was different. The bogus fertilizers were supplied. The custody of this applicant is necessary as earlier also, the said material was supplied. To verify from where he is getting the said material without licence and how he is supplying it, the custody is necessary hence prayed to reject the application. 6) Heard both the sides and perused the record. Kavita 4 / 5 7-aba 747-25 7) The allegations about supplying of the fertilizers without license are made against this applicant. According to the applicant, the fertilizers were not bogus, there was no complaint from any of the farmer. If the allegations are about supplying it without license, the material is already seized. Further investigation can be done even without taking him in custody. Hence, the case is made out to protect the applicant by granting anticipatory bail. Accordingly, I pass following order: i] It is directed that in the event of arrest of the Arjun Sawairam Rathod in connection with Crime No.339 of 2025 registered at Police Station Pusad (Rural), district Yavatmnal for the offences punishable under Sections 3(2)(d), 7 of Essential Commodities Act, 1955, Sections 7, 8, 5, 21 of the Chemical Hazardus (Control) Order, 1985 and Sections 318, 3(5) of the Bharatiya Nyaya Sanhita, 2023, he be released on bail on furnishing P.R. Bond in the sum of Rupees Twenty Thousand with one solvent surety in the like amount. ii] The applicant shall not in any way tamper with the prosecution evidence. iii] The applicant shall not pressurize or threaten the prosecution witnesses. Kavita 5 / 5 7-aba 747-25 iv] The applicant shall attend the concerned police station on every Monday and Saturday between 7:00 p.m. and 9:00 p.m. till filing of he charge-sheet. v] The applicant shall co-operate the investigation officer. 8) The Criminal Application stands disposed of. JUDGE Kavita