SAURASHTRA FERTILIZERS Vs. STATE OF GUJARAT

JUDGEMENT

(1.) THE appeal arises out of a judgment and order dated 24th December 1992, rendered by the learned Additional Sessions Judge, Bhavnagar in Criminal Case No.18/86.

(2.) THE appellants, original -accused, were charged with offence under section 7(1)(A)(II) of the Essential Commodities Act. The learned additional Sessions Judge, convicted both the accused. Accused No.1, a proprietary concern was fined Rs.1,000/ -. Accused No.2, held to be the person in charge of accused No.1 firm as provided under section 10 of the Essential Commodities Act, was sentenced to 3 months simple imprisonment and also imposed fine of Rs.1,000/ -.

(3.) LEARNED Sr. Advocate Shri P.M.Thakker appearing with Ms.Khyati Hathi for the appellants, at the outset, submitted that insofar as appellant No.1 is concerned, the fine has already been paid. He,therefore, did not seriously press the appeal qua conviction of appellant No.1. Even otherwise, I find that the authorities under the Essential Commodities Act had taken samples of fertilizers lying in the premises of the firm and upon analysis found that the same flouted the required percentage of nutrients.