STATE OF KARNATAKA Vs. K H NAGARAJU

JUDGEMENT

(1.) The appellant has challenged the acquittal of the respondents for the offence punishable under Section 7 of the Essential Commodities Act, on a trial held by the JMFC, Davanagere.

(2.) The facts relevant for the purpose of this appeal are as under: The appellant herein submitted a complaint under Section 200 Cr.P.C. stating that on 20.08.1999 the Fertilizer Inspector visited the shop of the 1st respondent, who was the retail dealer of the fertilizer mixture MCF 17:17:17 and took the sample of the said fertilizer for the purpose of testing the same under the provisions of Rule 28(1) (b) of the Fertilizer (Control) Order, 1985 (hereinafter called as 'the Control Order' for short). There were 92 bags of 50 kg. each stored by the 1st respondent in his shop and the Fertilizer Inspector took 3 samples as per the procedure prescribed and obtained the receipt. Thereafter, he sent the sample fertilizer for examination to the chemical examiner at Bangalore and it revealed that it was not in accordance with the specifications. It is under these circumstances that a complaint came to be filed by the appellant before the Court below.

(3.) I have heard the learned High Court Government Pleader for the appellant and also the learned counsel for the respondents.