STATE OF GUJARAT Vs. AGRO CHEMICAL AND ANIMAL
LAWS(GJH)-1979-1-1
HIGH COURT OF GUJARAT
Decided on January 29,1979

STATE OF GUJARAT Appellant
VERSUS
AGRO CHEMICAL AND ANIMAL Respondents

JUDGEMENT

- (1.) THIS revision filed by the State is directed against the order dated 9th August, 1978 passed by the learned Chief Judicial Magistrate, First Class, Rajkot in Criminal Case No. 47 of 1977 holding that, so far as opponent No. 1, that is- original Accused No. 2 is concerned, the said court had no jurisdiction to entertain the case.
(2.) A few facts giving rise to the passing of the said order may be briefly stated as follows:
(3.) ORIGINAL accused No. 1 who is a resident of Jetpur in district Rajkot was engaged in the business of selling fertilisers manufactured by original accused No. 2 at Baroda Opponent No. 2, that is- the original complainant, Agro-Inspector visited the premises of accused No. 1 at Jetpur and took samples from the gunny bags of fertilisers of the Alembic Company, that is-accused No. 2. On analysis, it was found that the sample of fertilisers was not of prescribed standard. The complainant, therefore, lodged a complaint for prosecuting both the accused for the offence under clause (a) of sub-clause (1) of clause 13 of the Fertilizer Control Order, 1957 ('fertiliser order') read with Section 7 of the Essential Commodities Act, 1955 ('the Act' ). So far as accused No. 1 is concerned, he pleaded guilty and he was convicted and sentenced by the court on his plea being accepted. So far as accused No. 2 is concerned, an application was given at Ex. 23 on 236- 1978 on its behalf, inter alia contending that the factory of the said company was situated at Baroda; that the work of manufacture of fertilisers was being done at Baroda and that, there fore, so far as accused No. 2 was concerned, no part of the alleged offence was committed in Jetpur and the court had therefore no jurisdiction to entertain and try the said case.;


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