Chattisgarh High Court
Asgar Hussain vs State Of Chhattisgarh on 20 August, 2025
Author: Ramesh Sinha
Bench: Ramesh Sinha
1
CrMP No.814 of 2025 &
CrMP No.54 of 2025
2025:CGHC:42034-DB
NAFR
Digitally
signed by
RAHUL
RAHUL JHA
JHA Date:
2025.08.21
18:25:33
HIGH COURT OF CHHATTISGARH AT BILASPUR
+0530
CRMP No. 814 of 2025
Asgar Hussain S/o Mo. Ismail Aged About 48 Years R/o - Plot No. 19, Ward
No. 04, Near Ambe Show Room, Jamul, Durg, District - Durg, Chhattisgarh
Petitioner(s)
versus
1 - State Of Chhattisgarh Through Station House Officer, Police Station -
Manpur, Rajnandgaon, District - Rajnandgaon, Chhattisgarh
2 - Rajkumar Pisde S/o Late Sujan Singh Pisde Aged About 53 Years Posted
As Fertliozer Inspector, Agriculture Department, Manpur, Rajnandgaon,
District Rajnandgaon, Chhattisgarh
Respondent(s)
AND
CRMP No. 54 of 2025
Ishwar Lal Sahu S/o Sadaram Sahu Aged About 31 Years R/o Mudpar, P.S.
Ghumka, District : Rajnandgaon, Chhattisgarh
---Petitioner(s)
Versus
1 - State Of Chhattisgarh Through Station House Officer, P.S. Manpur, District
: Rajnandgaon, Chhattisgarh
2 - Rajkumar Pisde S/o Late Sujan Singh Pisde Aged About 53 Years Posted
As Fertilizer Inspector, Agriculture Department, Manpur, District :
Rajnandgaon, Chhattisgarh
2
CrMP No.814 of 2025 &
CrMP No.54 of 2025
Respondent(s)
(Cause-title taken from Case Information System)
For Petitioner in CRMP : Mr. Basant Dewangan, Advocate
No. 814/2025
For Petitioner in CRMP Mr. Shikhar Bakhtiyar, Advocate
No. 54/2025
For State : Mr. Shaleen Singh Baghel, Dy. GA
Hon'ble Shri Ramesh Sinha, Chief Justice
Hon'ble Shri Bibhu Datta Guru, Judge
Order on Board
Per Ramesh Sinha, Chief Justice
20/08/2025
1. Both the Criminal Miscellaneous Petitions, having been instituted
arising out of the same FIR, this Court deems it appropriate to consider
them conjointly and adjudicate them by way of a common order."
2. In CRMP No. 814/2025, the petitioner has sought for following
reliefs:-
"(A) That, the Hon'ble Court may be pleased to kindly quash
and set aside the F.I.R. No. 70/2022, dated 02.12.2022 along with
charge sheet / final report (ANNEXURE P/1) registered before the
Police Station - Manpur, Rajnandgaon, District -Rajnandgaon,
Chhattisgarh against the petitioner. For offences under section 7
and 8 of the Fertilizers Control order 1985 and section 3 and 7 of
the essential Commodities Act 1955, in the interest of justice.
(B) That, the Hon'ble Court may be pleased to kindly quash
and set aside the charges framed against the petitioner under
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CrMP No.814 of 2025 &
CrMP No.54 of 2025
section 7 and 8 of the Fertilisers Control order 1985 and section
3 and 7 of the essential Commodities Act 1955 and also set aside
and quash the subsequent criminal proceedings pending before
the Learned Chief Judicial Magistrate, District Mohala Manpur
Ambagarh Chowki, Revenue District Rajnandgaon, Chhattisgarh,
in R.C.C. No. 1227/2023, in the interest of justice."
3. In CRMP No. 54/2025, the petitioner has sought for following reliefs:-
"(A) That this Hon'ble Court may kindly be pleased to quash
and set-aside the F.I.R. No.70/2022, Dated: 02/12/2022 alongwith
the charge-sheet (ANNEXURE P1), registered with P.S. Manpur.
District Rajnandgaon, Chhattisgarh, for the offence punishable
under section section7 and 8 of Fertilizer Control order, 1985 &
section 3 and 7 of Essential Commodities Act, 1955, in the
interest of Justice.
(B) That this Hon'ble Court may also kindly be pleased to
quash and set-a-side the charges framed for the offence
punishable under section section7 and 8 of Fertilizer Control
order, 1985 & section 3 and 7 of Essential Commodities Act, 1955
and also the subsequent proceedings pending before the Ld. Chief
Judicial Magistrate, District Mohala-Manpur-Ambagarh Chowki.
Revenue District Rajnandgaon Chhattisgarh, in RCC No.
/1227/2023 in the interest of justice.
(C) That this Hon'ble Court may also kindly be pleased to quash
and set-a-side the order and charge dated where by the
17/10/2024 Ld. Chief Judicial Magistrate, District Mohala-
Manpur-Ambagarh Chowki, Revenue District Rajnandgaon
Chhattisgarh has taken the cognizance for offences under section
section 7 and 8 of Fertilizer Control order, 1985 & section 3 and
7 of Essential Commodities Act, 1955.
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CrMP No.814 of 2025 &
CrMP No.54 of 2025
(D) That any other relief Hon'ble Court deems feet may also be
granted."
Facts of the case :
4. On 07/07/2022, Manpur Police intercepted a truck bearing registration
No. CG04 HU-6177 at Village Tangapani, which was found transporting
240 bags of Godavari Prom Organic Fertilizer without valid documents.
The matter was referred to the Agriculture Department, and Rural
Agriculture Extension Officers Gautam Kumar Prajapati and
Khomeshwar Janghel inspected the consignment, which appeared to be
unauthorized. Accordingly, the fertilizer along with the truck was kept in
safe custody at Manpur Police Station. Between 08/07/2022 and
13/07/2022, Fertilizer Inspector R.K. Pisdé/Respondent No.2 conducted
a detailed inquiry and found that the fertilizer, valued at approximately
₹3,00,000/- was being transported in contravention of law. During the
investigation, 120 additional bags of unauthorized fertilizer were also
recovered from Village Dorba, allegedly sourced from Yogram alias
Raju Kesariya of Sambalpur, which were seized and deposited with the
authorities. Samples were collected and sent for testing, and the matter
was reported to the District Collector. The inquiry further revealed that
Bhikhendra Kumar Dhankar, proprietor of Bright Agro Krishi Kendra,
Rajnandgaon, had procured the fertilizer from Aurangabad,
Maharashtra, despite the expiry of his license, and had stored and sold it
in the Manpur area under the instructions of Ishwarlal Sahu, an
employee of Godavari Fertilizers Company, with the assistance of
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CrMP No.814 of 2025 &
CrMP No.54 of 2025
Yogram alias Raju Kesariya. On 14/07/2022, Fertilizer Inspector R.K.
Pisdé submitted his inquiry report to the Station House Officer, Manpur,
recommending registration of an FIR. Based on the findings, offences
under Sections 7 and 8 of the Fertilizer Control Order, 1985, and
Section 3 of the Essential Commodities Act, 1955 were made out
against Ishwarlal Sahu, Bhikhendra Kumar Dhankar, and Yogram alias
Raju Kesariya, being employees and associates of Godavari Fertilizer
Company. An FIR was accordingly registered, investigation ensued, and
a charge-sheet was filed on 12/02/2023 before the Chief Judicial
Magistrate, Mohala-Manpur-Ambagarh Chowki, District Rajnandgaon,
where the case was registered as Regular Criminal Case No. 1227/2023.
Subsequently, on 17/10/2024, charges were framed against the
petitioners.
Contention of the parties :
5. Learned counsel for the petitioner in CRMP No. 814/2025 submits that
the FIR and charge-sheet under Sections 7 and 8 of the Fertiliser Control
Order, 1985, and Sections 3 and 7 of the Essential Commodities Act,
1955, are misconceived and untenable. The petitioner, a daily-wage
driver with no nexus to the procurement, storage, or sale of fertilizers, is
neither proprietor nor authorized dealer of M/s Godavari Fertilizers, a
duly licensed company. His name was only subsequently inserted on the
basis of memorandum statement, without any corroborative material.
The investigation has yielded no incriminating evidence; rather, records
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CrMP No.814 of 2025 &
CrMP No.54 of 2025
establish due statutory compliance by the employer-company and its
licensed client, Bright Agro Krishi Kendra. The petitioner has thus been
unnecessarily roped in, causing serious prejudice. He would pray that
FIR No. 70/2022 dated 02.12.2022 and the consequent charge-sheet
before P.S. Manpur, District Rajnandgaon, be quashed in the interest of
justice.
6. Learned counsel for the petitioner in CRMP No. 54/2025 would submit
that the impugned FIR and charge-sheet, registered for offences under
Sections 7 and 8 of the Fertiliser (Control) Order, 1985 and Sections 3
and 7 of the Essential Commodities Act, 1955, are misconceived and
unsustainable in law. The Petitioner, being merely an employee of M/s
Godavari Fertilizer Company a duly licensed and registered entity, had
no role in procurement, storage or sale of fertilizers. His duties were
confined to taking orders, and he was not even present at the alleged
spot of incident. In absence of any incriminating material, continuation
of proceedings would be an abuse of process of law, and therefore, the
FIR and charge-sheet deserve to be quashed in the interest of justice.
7. (a) Per Contra, learned counsel for the State would submit that
respondent No.2, who is the complainant in the present case and also the
Fertilizer Inspector, has been impleaded in his personal capacity;
however, since the FIR was lodged by him in his official capacity, the
State represents him. Therefore, as the State has already filed a reply on
behalf of respondent No.1, the same may also be read as a reply on
behalf of respondent No.2.
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CrMP No.814 of 2025 &
CrMP No.54 of 2025
(b) Learned counsel would further submit that the petitioners, in
connivance with co-accused, was found transporting and storing 240
bags of fertilizers worth about ₹9,00,000/- without valid license or
authority, in violation of the Fertilizer Control Order, 1985 and the
Essential Commodities Act, 1955. The FIR was rightly registered,
investigation conducted, incriminating material seized, and charge-sheet
filed; hence, the grounds urged by the petitioner are merely his defence,
to be adjudicated at trial, and no case for quashment is made out.
8. We have heard the rival submissions of the petitioner, as well as the
learned counsel for the State along with their respective pleadings.
Analysis:
9. The prosecution case emanates from the interception of a truck and
seizure of fertilizer bags allegedly transported without requisite
documents, pursuant to which an inquiry was undertaken by the
Fertilizer Inspector recommending registration of the FIR. On such
basis, the charge-sheet came to be filed implicating the present
petitioners along with the principal accused.
10. The jurisdiction of this Court under Section 528 of the Bharatiya
Nagarik Suraksha Sanhita, 2023, though wide, is circumscribed by
settled principles. Inherent powers are to be exercised sparingly, only in
rare and exceptional cases to secure the ends of justice or to prevent
manifest abuse of process. At this stage, the Court cannot embark upon
appreciation of evidence or assessment of defence but must examine
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CrMP No.814 of 2025 &
CrMP No.54 of 2025
whether, on the face of the record, the allegations disclose essential
ingredients of the alleged offences.
11. The material on record does not disclose any substantive role of the
petitioner in CRMP No. 814/2025, who is a daily-wage driver, nor of
the petitioner in CRMP No. 54/2025, who was merely engaged for
taking orders. No incriminating evidence suggests any mens rea or overt
act attributable to them. Conversely, allegations against the proprietor of
Bright Agro Krishi Kendra and others prima facie disclose statutory
violations concerning procurement and storage despite expiry of license,
and prosecution against them cannot be faulted at this stage.
12. Thus, even accepting the charge-sheet at its face value, no offence is
made out against the petitioners. Continuation of proceedings would
therefore be oppressive and amount to abuse of the process of law.
Conclusion:
13. In the light of the foregoing discussion, this Court is of the considered
view that the prosecution of the petitioners in CRMP No. 814/2025 and
CRMP No. 54/2025 is wholly unsustainable. The investigative record,
even if accepted in its entirety, fails to reveal any culpable role or mens
rea attributable to the petitioners, who were merely a driver and a
marketing executive of M/s Godavari Fertilisers, having no nexus with
procurement, storage, or sale of fertilizers. Their prosecution, therefore,
would be nothing but an abuse of the process of law.
14. Consequently, the impugned FIR No. 70/2022 dated 02.12.2022, the
charge-sheet/final report dated 12.02.2023, the cognizance order dated
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CrMP No.814 of 2025 &
CrMP No.54 of 2025
17.10.2024, as well as the criminal proceedings pending before the
Court of Chief Judicial Magistrate, Mohala-Manpur-Ambagarh Chowki,
District Rajnandgaon in R.C.C. No. 1227/2023, in respect of the present
petitioners, stand quashed and set aside.
15. Both the petitions are accordingly allowed to the extent indicated above.
Sd/- Sd/-
(Bibhu Datta Guru) (Ramesh Sinha)
Judge Chief Justice
Rahul