- (1.)THE petitioner seeks quashing of his prosecution for having committed offences under sections 17, 19 and 43 of the Maharashtra Raw Cotton (Procurement, processing and Marketing) Act, 1971 (for short Raw Cotton act ).
(2.)IT is the case of the petitioner that he is an agriculturist and cotton grower and owns agricultural land in Tahsil Arvi, district Wardha. The petitioner was transporting the raw cotton on 24-11-1995 in a Truck No. MTV 7161 to Pandhurna; the truck was intercepted by police at a distance of 6 k. m. from Talegaon on National Highway No. 6 and the police seized the cotton and registered offence vide crime No. 786/94 against the petitioner for having committed offences under sections 17, 19 and 43 of the Raw Cotton Act at Police Station, Arvi. The raw cotton seized by the police came to be sold to the Maharashtra State Co-operative Cotton growers Federation, Arvi after obtaining orders from the trial Court and the sale proceeds were deposited in the court and charge-sheet against the petitioner and three others came to be filed in the Court of Judicial Magistrate first Class, Arvi which came to be registered as Criminal case No. 1034/95.
(3.)THE petitioner applied for discharge from the case on the ground that the petitioner has not committed any offence under the Raw Cotton Act in view of the Maharashtra ordinance II published in Government Gazette dated 18-1-1995. The learned Magistrate by order dated 13-10-1995 rejected the application on the ground that at this stage it is not proper to discharge the accused, because the trial is necessary. It is this order, which is impugned before this court.