STATE OF GUJARAT Vs. AGRO CHEM INDUSTRIES

JUDGEMENT

(1.) THE present appeals are filed by the State of Gujarat against the acquittal recorded by learned Sessions Judge, Valsad in Criminal Case (Essential Commodities) Nos. 1 of 1986 and 2 of 1986 vide common order dated 12.11.1986.

(2.) THE respondents were charged for the offences punishable under Sections 3 and 7 of the Essential Commodities Act. The complaint was filed by the Agricultural Inspector, Valsad, who was working in the office of Quality Control Inspector, in respect of breach of Fertilizers (Control -1) Order, 1957. The said Inspector had visited the business place of fertilizers popularly known as single super phosphate variety being sold in the market in the brand name of 'Bharat Fertilizers'. The chemical composition of the said fertilizer is P2 O5 and upon examination of the said sample it was found that its concentration was 12.5% by weight and the normal standard is 16%. Upon this facts, the complaint was filed and the accused were put to the trial.

(3.) IN the course of trial, the learned District and Sessions Judge has found in para -33 as follows :