M THANGAVELU Vs. INSPECTOR OF POLICE

JUDGEMENT

(1.) APPELLANT is the Accused in S. T. C. No. 5 of 1996 on the file of Special Judge for Essential Commodities / NDPS Act, Coimbatore. By the Judgment (dated 31. 12. 1997), the Appellant / Accused has been convicted for contravention of Clauses 5, 7 and 13 of Fertilizer (Control) Order, 1985 and sentenced to undergo Simple Imprisonment for a period of Three months on Three counts and to pay a fine of Rs. 1000/- each on Three counts.

(2.) P. W. 1 is the Agricultural Officer of Erode. Complaints were received from various persons under Exs. P. 1 to P. 3 that Adulterated Fertilizer have been manufactured inside the premises of M/s. Venkateswara and Co. , and the same has been sold duping the innocent farmers. On receipt of such Complaints, on 23. 09. 1989, P. W. 1 along with his Assistants went to E. K. M. S. Leather Finishing Industry premises in Sathy Road and found about seven persons packing Adulterated Fertilizer. P. W. 1 lodged Ex. P. 4-Complaint to the Inspector of Police, Erode. On receipt of the Complaint, the Inspector of Police (Crime Branch) P. W. 4 has registered a case in Crime No. 925/89 under Sec. 420 I. P. C under Ex. P. 6-F. I. R.

(3.) P. W. 4 inspected E. K. M. S Leather Finishing Industry premises at about 06. 15 p. m on the same day 23. 09. 1989 and prepared Ex. P. 7-Observation Mahazar and Ex. P. 8-Rough Plan in the presence of Independent Witnesses Krishnamurthy and Thangavel. On the next day 24. 09. 1989 at about 07. 30 a. m. , again he came to the place of occurrence and seized 86 bags of Adulterated Fertilizer each containing 56 Kgs. , under Ex. P. 5-Seizure Mahazar in the presence of P. W. 3-Jayaraj and another Witness Matheswaran. The Accused was arrested at Bharathipuram and he was remanded to Judicial Custody. After taking sample, the Material Object was sent to the Judicial Magistrate No. 1, Erode. On requisition from P. W. 4, the Sample was sent to Chemical Analysis. The Fertilizer Sample was found to be Adulterated mixture with portions of Earth and Fish. Ex. P. 10 is the Chemical Analysis Report. On completion of the Investigation, the Accused was charge sheeted for the contravention of Clauses 5, 7 and 13 of Fertilizer (Control) Order, 1985.