DIWAN CHAND Vs. STATE OF PUNJAB

JUDGEMENT

(1.) THIS judgment shall dispose of two connected petitions i. e. Cr. Misc. Nos. 17459-M of 2000 and 17461-M of 2000. These petitions have been filed for quashing of two different complaints against same person on account of two samples drawn on the different dates. In these two petitions common question of law and facts is involved. The facts, as noticed below, have been taken from Cr. Misc. 17459-M of 2000.

(2.) PETITIONER Diwan Chand, Chief Manager (Production) of Indian farmers Fertilizer Co-operative Limited (for short "the IFFCO"), who has now retired from service, has filed this petition under Section 482 Cr. P. C. for quashing of complaint dated 9. 11. 1999 filed against him and some others under Section 7 of the Fertilizer Control Order, 1985 (for short 'the order') and all subsequent proceedings arising therefrom.

(3.) THE brief facts of the case are that on 22. 7. 1996 a sample of Dia-ammonium fertilizer was drawn by the Fertilizer Inspector from the premises of firm M/s Jindowal Co-operative Agriculture Service Society Ltd. , jindowal, District Nawanshahr, a dealer of IFFCO. The said sample was found to be non-standard by the Quality Control Laboratory, Ludhiana vide its report dated 21. 8. 1996. After expiry of more than 3 years on 9. 11. 1999, the complaint in question was filed by Chief Agricultural Officer in the Court of Special Judge, Nawanshahr against the alleged dealer as well as the petitioner, being an employee of IFFCO, manufacturer of the alleged fertilizer.