- (1.) This is a petition under Section 482 Cr.P.C seeking quashing of FIR No.184 dated 19.10.2002 under Section 420 IPC, Section 7 EC Act and Section 19 of Fertilizer Control Order, 1985, P S Qadian, Police District Batala, District Gurdaspur and all the subsequent proceedings arising out of the same.
(2.) While praying for quashing of the said FIR, learned counsel for the petitioner contended that as per Clause 24 of the Fertilizer Control Order, 1985 (hereinafter to be referred as 'FCO, 1985'), every manufacturing organization is required to appoint an officer in consultation with the Central Government, who shall be responsible for the compliance of the provisions of the FCO,1985. The Government of India, Ministry of Agriculture, vide its letter dated 01.08.1997 had directed all the Enforcement Officers to file cases against the officers designated under Clause 24 of the FCO,1985 in the event of any offence having been committed and not against anybody else who is not designated for the purpose.
(3.) In the present case, M/s Oswal Chemicals and Fertilizers Limited (hereinafter to be referred as 'the Company') appointed one Vishnu Prasad, who was working as Manager Technical Services as the said responsible officer in compliance with the provisions of Clause 24 of the FCO, 1985. Information to the said effect was also sent to the Director of Agriculture, vide letter dated 20.01.2000 (P3). The said Vishnu Prasad, has also filed his affidavit, stating therein that he was solely responsible for the quality control of the product under Clause 24 of the FCO, 1985. In spite of the same, the present petitioner who is only an employee of the company and not the officer designated as per Clause of 24 of the FCO, 1985 has been proceeded against in total violation of the said provision of the FCO, 1985.;