CHIRANJI LAL JHALANI Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) THESE revision petitions have been filed against the order 25.11.1997 passed by the Judge, Special Court(Essential Commodities Act), Jaipur to quash the trial initiate against the petitioner. The short facts of the case are that the accused -petitioner is running a firm Shankar Khad Beej Bhandar on Agra Road, Kanota, District Jaipur and he is having Fertilizer Licence issued by the Registration Officer, Jaipur (Deputy Director, Agriculture Extension, Jaipur). On 27.09.1996, respondent no. 2 Assistant Director Agriculture(Quality Control), Rajasthan, Jaipur had taken a sample of fertilizer having brand name Shakti Brand. One sample was given to the accused petitioner and other one was sent to Public Analysist (Government Fertilizer Quality Control Laboratory, Dungarpura) for analysis on 28.9.1996 and the third sealed sample was kept as a referee sample and at the same time the accused petitioner was directed not to sell or transfer the above fertilizer.

(2.) THE Government Laboratory has reported that the said fertilizer was of sub -standard and, therefore, a complaint was filed against the accused -petitioner under the Fertilizer Control Order 1985 Division 19(1)(a) issued under Sec. 3/ 7 of the Essential Commodities Act.

(3.) FURTHER reliance has been placed on M/s. Mehta Krishi Kendra and Ors. vs. The State of Rajasthan, : 2001(5) WLC (Raj.) 425 wherein it has been held as under: -