RAMESHBHAI SHIVABHAI PATEL Vs. STATE OF GUJARAT

JUDGEMENT

(1.) This Criminal Revision Application filed under Section 397 read with Section 401 of the Criminal Procedure Code is directed against the order dated 13th November, 1995 passed by the learned Additional Sessions Judge below application Exh.79 in Criminal Case no.2/90 whereby the learned Sessions Judge rejected the application of the present petitioner-original accused no.2 seeking to forward the SReference sample of Zinc Zulphate to the Central Fertilizer Quality Control Institute, NH4 Faridabad, Haryana.

(2.) The facts leading to the institution of the present Revision Application are that the respondent no.2-(original complainant)-Laljiram Pujiram Patel, Agricultural Inspector, Modasa, had visited Megharaj Taluka Kharid Vechan Sangh Ltd. On 24th June, 1989 and took samples of zinc zulphate for analysis from the stock of zinc zulphate found there. The respondent no.2 prepared three samples of zinc zulphate in consonance with the provisions of the Fertilizer (Control Order), 1985 out of which, as required under the Rules one sample was handed over to the accused-Manager of Mehgaraj Taluka Kharid Vechan Sangh Ltd., the second sample was sent to the State Laboratory for analysis and the third sample was retained with the respondent no.2 and was produced before the Court at the time of his deposition recorded at Exh.18. This sample is given Exh.34.

(3.) The report of the sample sent to the State Laboratory at Gandhinagar is produced at Exh.22, according to which, the zinc content is 18.30% whereas according to prescribed parameters, the zinc content should have been 21% or more. According to the respondent no.2, he had taken one more sample on the day when he took samples and the same was also forwarded to the Laboratory at Gandhinagar, the report in respect of which showed zinc content of 18.56 % in place of the prescribed standard of 21% or more. According to the respondent no.2, the present petitioner is the manufacturer of the said zinc sulphate and hence, the respondent no.2 issued notice to the present petitioner which was replied by the present petitioner. Thereafter, the respondent no.2 obtained the necessary sanction for prosecution from the Director of Agriculture and lodged complaint against the present petitioner-M/s Sweta Chemical Industries,Mehsana, and its partners which came to be registered as Criminal Case no.2/1990. The present-petitioner-original accused no.2 preferred an application Exh.79 in the said case before the trial Court seeking to forward the SReference sample produced by him before the Court during his deposition to the Central Fertilizer Quality Control Institute, NH4 Faridabad, Haryana. The reply was filed by the learned A.P.P. at Exh.83. The learned Additional Sessions Judge, Sabarkantha at Himatnagar, after hearing the learned Counsel for the parties, and taking consideration the material placed before him, by its order dated 13th November 1995 below Exh.79 rejected the said application of the present petitioner, giving rise to the present Revision Application.