S A JAYANARAYANA Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) Petitioner is a dealer in fertilizers. On 20.06.2011 at 11 am, shop of the petitioner was inspected and samples of DAP Jaikisan fertilizer was drawn for the purpose of testing under clause [b] of Fertiliser [Control] Order, 1985, ['the Order' for short]. The collected samples was sent to the Public Analyst at Bengaluru and it was ascertained that samples drawn from shop of the petitioner was not in accordance with the specification. At the request of the petitioner, second sample was sent again for analysis on 5.8.2011 and result of the report also indicated that sample was not in accordance with the specifications under the Order. In this circumstances, complaint was lodged against the petitioner for contravention of Clause 19 of the Control Order. The learned Magistrate, by order dated 20.04.2013, directed registration of the case and issued summons to the petitioner. At that stage, petitioner has approached this Court seeking to quash the entire proceedings in C.C. No.242/2013 pending on the file of Civil Judge and JMFC, Sira.

(2.) Heard learned counsel for the petitioner and learned Additional SPP for respondent-State.

(3.) Learned counsel for the petitioner has raised the following contentions: