HARDEV SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) THIS petition under Section 482 of the Code of Criminal Procedure, 1973 (hereinafter referred to as the Code), relates to quashment of the impugned First Information Report No. 49 dated 22.4.1988, registered at Police Station, Phul, district Bhatinda, under Section 7 of the Essential Commodities Act, charge-sheet dated 14.9.1988 and subsequent proceedings initiated thereunder.

(2.) THE impugned First Information Report was recorded on the basis of a written complaint made by the Chief Agricultural Officer, Bhatinda, to the Senior Superintendent of Police, Bhatinda. According to the allegations mentioned therein, Shri Avtar Singh, Inspector Agriculture. Rampura Phul, took a sample of 16% Single Super Phosphate Fertilizers (variety Tiger Mark) from the shop of M/s. Gurunanak Pesticides and Fertilizer Store, Fertilizer, Dealer, Rampura. The said sample was sent for test at Quality Control Laboratory, Ludhiana, on 30.11.1987. As per report of the Quality Control Laboratory, Ludhiana, the aforesaid sample was found to be non-standard as single Super Phosphate Fertilizer was found 13.83% instead of 16%. The present petitioners, who are partners of M/s. Gurunanak Pesticides and Fertilizer Store, Rampura, were prosecuted for contravention of Section 19(1)(A) of the Fertilizer Control Order, 1985 (hereinafter referred to as the Order) for selling sub-standard fertilizer. It was further alleged that the aforesaid firm had cheated the farmers by selling non-standard Single Sujper Phosphate Fertilizer and thereby the farmers had suffered an irreparable loss.

(3.) COUNSEL for the parties were heard. The learned Counsel for the petitioners submitted that no allegation whatsoever has been made in the First Information Report concerning the manner in which the sample of Super Phosphate Fertilizer was taken by Inspector Avtar Singh in the instant case. Neither the quantity of the fertilizer taken for the purposes of test is mentioned nor the container or the type of bag in which the sample of fertilizer was put finds mention in the First Information Report. According to Schedule II of the Order, the sample should be kept in suitable, clean dry and air tight glass or screwed hard polythene bottle of about 400 gms. capacity, or, in a thick gauged polythene bag. Thereafter, the said container should be put in a cloth bag which is to be sealed with the Inspector's seal after putting inside the detailed description as specified in Form 'J'.