KARTAR SINGHS Vs. STATE OF PUNJAB

JUDGEMENT

(1.) THE petitioners have filed this petition for quashing the proceedings of the Special case No. 6 of 26.10.1994, on the file of Special Judge, Ferozepur. The material before me indicates that the Insecticides Inspector visited that trading place of M/s Sidhara Trading Company, Mallanwala on 18.5.1994 and he found that 19 bags, each weighing 25 Kg. containing 'Chlophase' were kept in the godown belonging to the said firm. He further suspected that in the other three godowns, certain fertilizers and insecticides have been stored. He, however, then and there did not search those godowns and did not verify, but preferred to seal those godowns for detailed search at a later stage. On the basis of 19 bags of insecticides thus recovered by him, he submitted a report to the Police Station, Mallanwala. On the basis of that an F.I.R. came to be registered.

(2.) THE papers available before me indicate that later on 27.5.1994, the above mentioned sealed godowns were also searched and therein 230 bags of Kisan Urea, 6 bags of Zinc Sulphate, 5 container of Orgo Bahar Spray, 284 bags of Sher Chhap Super Phosphate, one bag DAP, 23 container of Jyoti min, 29 containers of Fora -Tax Hilet were found stored in the said godowns without licence. These articles are stated to be non -standard articles. It was, therefore, alleged that these petitioners have committed offence under the Fertizlier Control Order, 1985, read with Section 7 of the Essential Commodities Act.

(3.) THE papers before me are not sufficient to throw light as to whether a complaint was filed in the Court or whether the cognizance of the case was taken on the basis of challan charge sheet submitted by the police. It, however, appears that on the basis of the F.I.R. mentioned above, charge sheet was submitted in the Court and cognizance was taken by the Special Judge.