- (1.) CRM M -42904 of 2013, CRM M -40579 of 2012, CRM M - 38098 of 2012, CRM M -38099 of 2012, and CRM M -40575 of 2012, on account of commonality of facts involved in, and law applicable to them, shall be disposed of by this common order being penned in CRM M -42904 of 2013.
(2.) CRM M -42904 of 2013: M/s. Tata Chemicals Ltd. (here -in -after referred to as the petitioner company) and Mukesh Kumar Gupta, authorized signatory of the petitioner company, have invoked, by way of this petition, provisions of Section 482 of the Criminal Procedure Code, 1973 (for short, CrPC) to seek quashing of Criminal Complaint No. 17 of 02.02.2012, "State of Haryana versus M/s. Pardhan Khad Bhandar, Bapoli, Panipat etc.", order dated 02.02.2012, passed by learned Chief Judicial Magistrate, Panipat, whereby they have been summoned to face trial under Section 7 of the Essential Commodities Act, 1955 (for short, the Act) for alleged contravention of Regulation 19(1)(a) of the Fertilizer Control Order, 1985 (for short, Fertilizer Order) and all consequent proceedings, on the averments that they cannot be prosecuted and punished on the ground that samples drawn on 07.07.2011 from 60 bags of "Zinc Sulphate Monohydrate" lying at the premises of M/s. Pardhan Khad Bhandar, Bapoli, Panipat, on being analyzed, have been found to be "Non -standard", because as per allegations in the complaint, they (petitioners) only marketed the fertilizer which was manufactured by M/s. Bharat Agri Molecules, Meerut.
(3.) CRM M -40579 of 2012: The petitioner company and its Regional Sales Manager, Sahib Singh Cheema, have invoked, by way of this petition, provisions of Section 482, CrPC, to seek quashing of Criminal Complaint No. 172 of 06.04.2012, "State of Haryana versus Shri Sushil Kumar etc.", order dated 06.02.2012 passed by learned Chief Judicial Magistrate, Jind, whereby they have been summoned to face trial under Section 7 the Act for alleged contravention of Regulation 19(1)(a) of the Fertilizer Order, and all consequent proceedings, on the averments that they cannot be prosecuted and punished on the ground that samples drawn on 25.04.2011 from 1880 packets of "Sulphur Bentonite" lying at the premises of M/s. Gaurav Trading Company, Uchana Mandi (owned by Shri Sushil Kumar), on being analyzed, have been found to be "Non -standard", because as per allegations in the complaint, they (petitioners) only marketed the fertilizer which was imported by them from Saudi Arabia and was found to be of standard when tested by Regional Fertilizer Control Laboratory, Department of Agriculture and Cooperation, Ministry of Agriculture, Government of India, Navi Mumbai as evidenced by report dated 03.05.2010 (Annexure P3/A). Crm M -38098 of 2012: The petitioner company and Dalip Kumar Singh, Operation Manager of the petitioner company, have invoked, by way of this petition, provisions of Section 482, CrPC, to seek quashing of Criminal Complaint No. 234 -2 of 06.10.2010, "State of Punjab versus M/s. Namberdar Pesticides and Fertilizers etc.", order dated 06.10.2010, passed by learned Chief Judicial Magistrate, Ferozepur, whereby they have been summoned to face trial under Section 7 of the Act for alleged contravention of Regulation 19(1)(a) of the Fertilizer Order, and all consequent proceedings, on the averments that they cannot be prosecuted and punished on the ground that samples drawn on 12.07.2007 from 218 packets of "Paras" brand "Zinc Sulphate Monohydrate" lying at the premises of M/s. Namberdar Pesticides and Fertilizers, Mandi Ladhu Ka, Tehsil Jalalabad, District Ferozepur, on being analyzed, have been found to be "not according to specifications and failed in zinc (zn) contents and sulphur as (S)", because as per allegations in the complaint, they (petitioners) only marketed the fertilizer which was manufactured by M/s. Chakardhar Chemicals Private Limited, Muzaffarnagar.;