J.C.MISHRA, J. - (1.) This petition under Article 226 of the Constitution has been filed by M/s. Tebariwal Trading Company and its proprietor for a writ of certiorari for quashing the First Information Report dated 17-1-98 in Crime No. 17 of 1998 under Section 3/7 Essential Commodities Act (hereinafter called 'the Act' for convenience) P. S. Kotwali, district Gorakhpur.
(2.) The prosecution case is that the respondent No. 3 Additional District Agriculture Officer, Gorakhpur inspected the godown of the petitioners on 30-8-97 and took sample of D.A.P. fertiliser. Respondent No. 2 prepared a memo in Form J which indicates that the sample was taken from a stitched bag and divided in three parts one of which was given to petitioner No. 2. The sample was received in Central Fertiliser Quality Control and Training Institute, Faridabad on 12-12-97 and it was analysed on 31-12-97. On analysis the sample was found to be non-standard. The laboratory communicated the result of the analysis to respondent No. 3 in Form L on 7-1-98, a copy of which was sent to the petitioner No. 2 and received on 17-1-98. On the same date respondent No. 3 lodged a report under Section 3/7 of the Act.
(3.) Heard Sri A. P. Srivastava, learned counsel for the petitioners and learned A.G.A.;