G.P.Mathur, J. - (1.) THIS petition has been filed for release of fertilizer seized from the godown of the Petitioner on 24th/25th July, 1991. It appears that inspection of the godown of the Petitioner was done on 25th/26th July, 1991. During inspection, it was found that there was discrepancy between actual stock of fertilizer and the stock register. Thereafter, a first information report was lodged against the Petitioner under Section 3/7 of Essential Commodities Act at Police Station Kamalganj district Farrukhabad on 17 -8 -1991 and a case was registered at Crime No. 225 of 1991.
(2.) LEARNED Counsel for the Petitioner has contended that actually there was no discrepancy between the stock register and • the actual stock of fertilizer kept in the godown. A perusal of the first information report shows that initially on 25th July, 1991, the Petitioner disclosed that he had 1150 bags of fertilizer in his stock. Subsequently some more fertilizer was found in the godown which is in the premises of the cold storage. The Petitioner produced another stock register, which according to authorities, appeared to have been prepared subsequently. The learned Counsel for the Petitioner has contended that entire stock of fertilizer in the godown of the Petitioner has been shown in. the stock registers. It is a disputed question of fact which cannot be decided in the present writ petition. The learned Counsel for the Petitioner further contended that the search was conducted by a Block -Development Officer who is not an Inspector within the meaning of Clause 27 of Fertilizer Control Order, 1985 and as such, he was not authorised to conduct the search. In support of his submission, learned Counsel placed reliance upon Notification No. 6308/XII -2 -80 -F -1 -85 dated July 28, 1988 issued by the State Government which shows that Block Development Officers were not appointed as Inspectors of Fertilizers.
(3.) THE submissions made by learned Counsel is wholly misconceived. The notification issued by the State government on July 28, 1988 was revoked by another notification No. 908/XII -2 -90 F. 1 -85 dated April 30, 1990 in which Block Development Officers were also included. This notification dated 30th April, 1990 was again revoked by another Notification No. 160/XII -2 -91 dated January 9, 1991 which is being reproduced below: In exercise of the powers under Clause 27 of the Fertilizer (Control) Order, 1985 read with Section 21 of the General Clauses Act, 1897 (Act No. 10 of 1897) and in revocation of Government Notification No. 908/XII -2 -90 -F -1 -85 dated April 30, 1990, the Governor is pleased to appoint the following Officers as the Inspectors of Fertilizers, within the area of their respective jurisdiction in addition to their own duties, for the purposes of the said Order: 1. All District Magistrates, Additional District Magistrates, Chief Development Officers and District Development Officers. 2. All Executive Magistrates. 3. All Additional/Joint/Deputy Director of Agriculture. 4. All District Agriculture and Project Officers. 5. ALL District Agriculture Officers. All District Plant Protection Officers. 6. ALL Soil Conservation Officers in Agriculture Department. 7. ALL Gazetted Subject Matter Specialists in Agriculture Department. All District Cane Officers. 8.ALL Assistant Registrars, Co -operative Societies, in the Districts. , 9. ALL Block Development Officers. Chief Enforcement Officer in Agriculture Directorate. 10. ASSISTANT Director Agriculture (Fertilizers) in Agriculture Directorate. 11. ALL Subs Divisional Agriculture Extension Officers in such districts where Training and Visit Scheme is applicable. ;