RAJINDER SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) RAJINDER Singh and his brother Mohinder Singh were partners of M/s Arjan Singh Gurbachan Singh, a partnership firm dealing in fertilisers. The petitioners were sought to be prosecuted on the basis of complaint dated November 28, 1994 under the Fertiliser Control Order, 1985 read with Section 7 of the Essential Commodities Act, 1955. Petitioners have filed the instant petition to seek quashing of the complaint.

(2.) PETITIONERS have pleaded that on June 9, 1993 a sample of single super- phosphate 16% manufactured by M/s Shivalik Fertilisers Ltd. was taken by the Fertiliser Inspector from stitched bags which had been received by the above firm i.e. M/s Arjun Singh Gurbachan Singh. Sample was analysed and found to be non-standard and not according to the specification in respect of the percentage which was 15.21% instead of 16%, the variation being 0.79%. Show cause notice was issued to the firm on July 7, 1993 which was served on the firm and reply thereto was sent on July 16, 1993 wherein it was pleaded that fertiliser was in factory stitched bags and had been lying in the same shape as it had been when it was supplied by the manufacturers. (Show cause notice has been annexed as Annexure P-2 and reply thereto as Annexure P-3). However, the complaint was filed only against Rajinder Singh, Mohinder Singh, Manju Arora and Rajinder Singh (Production Manager of Shivalik Fertiliser) but not the firm.

(3.) CRIMINAL Miscellaneous No. 13094-M of 1998 was actually the petition filed by Rajinder Singh, co-accused of the petitioners, in this very case which was also one of the petitions decided on July 20, 1998.