AJAI LAMBA,J. - (1.) THIS petition has been filed under Section 482 Cr.P.C. for issuing directions to the official respondents to register FIR against the private respondents namely respondent Nos.5 to 7 in view of the report of Agriculture Department (Annexure P-7).
(2.) THE limited question that is required to be considered in this case is whether prima facie it has been made out that offence has been committed or not so as to call for registration of FIR under Section 154 Cr. P.C. Attention of the Court has been drawn towards (Annexure P-7) that is a memo addressed by Director, Agriculture, Punjab to Chief Agriculture Officer, Ferozepur. The memo has been addressed in the context of judicial proceedings in Civil Writ Petition No. 2707 of 2005 'Bharat Kumar v. State of Punjab',. There is a clear finding in memo dated 3.6.2005 to the effect that on inquiry it has been found by the office that business of Fertilizer and insecticides is being run in the shop located outside IBP, Petrol Pump in village Gumjal by Satija Trading Company. It has further been recorded that there is a direct violation of Fertilizer Control Order, 1985 and Insecticides Act. Keeping in view the findings immediate action against the firm be taken and information be sent to the Joint Director (Inputs) for Director, Agriculture, Punjab.
(3.) LEARNED counsel for the respondent has tried to build up a case that subsequent to the passing of the orders and conducting inquiry as reflected from Annexure P-7, the site was inspected. However, fertilizer and insecticides were not found in the premises outside IBP, Petrol Pump in village Gumjal.;