HARMOHINDER KAUR SANDHU, J. - (1.) DARSHAN Singh, Salesman of Ganga Co-operative Agricultural Service Society Limited, has filed this petition under Section 482 Criminal Procedure Code for quashing of FIR No. 111 dated 25.7.1990 Annexure P-2 registered at Police Station, Lehra, under section 7 of the Essential Commodities Act read with Clause 19(1)(a) of Fertilizer Control Order, 1985 and all subsequent proceedings rising therefrom.
(2.) THE above referred case was registered against the petitioner at the instance of Gurdial Singh, Fertilizer, Inspector, Lehra-Gaga, who drew a sample of DAP Fertilizer from the premises of the Society on 24.1.1990 in the presence of Shri Ramesh Chander. Sample was drawn from each lot separately in a clean newspaper sheet and the collected material was thoroughly mixed and three representative samples were prepared each weighing 500 grams in thick gauged polythene bags. One sample was sent to the Analyst Chemist, Punjab Ludhiana, who found the same to be non-standard. On receipt of this report Chief Agricultural Officer, Sangrur, sent a letter to Senior Superintendent of Police, Sangrur for registration of the case against Darshan Singh, Salesman of the Society and Shri T.R. Chadha, Chief Manager, Indian Potash Limited, 727 Pathari Road, Madras. The petitioner alleged that the sample was not drawn in a proper manner and the fertilizer was found non-standard for not drawing the sample in prescribed method. According to the report Annexure P-1 of the Analyst the sample was found not according to the specification and it was non-standard. Disposal of non-standard fertilizer was not a crime and only restrictions were on the manufacture, sale and distribution of fertilizer which was not of prescribed standard. There were no allegations against the petitioner that he was incharge of and was responsible for the conduct of business of the Society. Unless he was shown to be incharge of or responsible to the manufacturing unit of the said fertilizer, he could not be hauled up for any offence. It was further alleged that no prosecution could be launched against the petitioner without arranging the society as an accused. The offences under the Essential Commodities Act were triable by the Special Court in a summary manner and the challan should have been presented within six months as envisaged under Section 167 of the Code of Criminal Procedure. The case was registered on 25.7.1990 and the petitioner was arrested on 27.7.1990, but the Challan was presented on 3.3.1992 i.e. after the expiry of six months. No application for extension of time for further investigation was moved by the investigating officer.
(3.) IN the written statement it was contended that sample of fertilizer was drawn strictly in accordance with the procedure laid down in Schedule-II of Fertilizer Control Orders, 1985. The sample was declared sub-standard and, thus, there was a violation of the Fertilizer Control Order. It was admitted that non-standard fertilizer could be disposed of but there were some conditions for the disposal of the same as provided in Clause 23(b) and (c) of the Fertilizer Control Order. It was further maintained that the petitioner was fully incharge of handling the sale of fertilizer of the Society and was responsible for violation of the provisions of the order.;