K P SRINIVASAN Vs. K BABU

JUDGEMENT

(1.) THE second accused in S. T. C. Nos. 102 of 1991 and 103 of 1991 on the file of the Special judge, Essential Commodities Act, Madras, has filed these petitions under Sec. 482, Crl. P. C. praying to call for the records in the above cases and quash the same.

(2.) SHORT facts are: The respondents in both the Criminal Original Petitions (Crl. O. P. Nos. 625 and 626 of 1992) have filed complaints against the Fertilizers and Chemicals travancore Limited and the petitioners in both the cases, who is the Deputy general Manager (Operations) FACT Limited, Trichy, arraying them as accused 1 and 2 for offences punishable under Sec. 19 (1) (a) and (b) of the Fertilizer control Order, 1985 read with Sec. 7 (i) (a) (ii) of the Essential Commodities act, 1955. The allegations in the complaints are briefly as follows: A. 1 is the manufacturing firm which manufactured Factumphos 20-20-0 complex. A-2 is the deputy General Manager (Operations), who is incharge and responsible for conducting the business of the firm. The then Agricultural Officer inspected the dealer shop of M/ s. P. K. Subramaniam on 2. 4. 90. He found 3. 600 M. T. of factumphos 20. 20-0 complex in his shop and verified the stocks. He revealed his intention to take sample of the same, supplied by the first accused from the dealer s shop. The dealer agreed. The samples were taken from the stitched bags. Out of the three samples taken and sealed, one was given to the dealer and out of the remaining two samples, one was sent to the Agricultural Chemist and the remaining one sealed sample was kept under the custody of the Assistant director of Agriculture. The Agricultural Chemist, Fertilizer Control laboratory, Kancheepuram, has sent his report on 27. 5. 1990. On a perusal of the analytical report, it was found that the sample failed in particle size i. e. , material passes 4. 76 per cent through 4 m. m. sieve as against 90 per cent and in 1 m. m. sieve it passes nil as against 5 percent as required by the prescribed standard in Fertilizer Control Order. Hence the sample was declared as substandard in particle size and thereby accused 1 and 2, who manufactured the substandard fertilizer, have contravened the provisions of Sec. 19 (i) (a)and (b) of the Fertiliser Control Order, 1985. The duplicate copy of the said report was sent to the dealer. Show cause notices were given to the accused. The replies sent by the accused were not satisfied. A-1 the manufacturing firm which manufactured the said complex and A-2, the person authorised by the Board of Directors of the manufacturing firm, has supplied substandard Factumphos 20-20-0 complex to the dealer, who sold the same to the farmers. A-1 and A-2 have contravened the Sec. 19 (i) (a) and (b) of the Fertiliser Control Order, 1985 and hence liable to be punished under Sec. 7 (i) (a) (ii) of the Essential commodities Act. Hence the complaint.

(3.) SINCE none of the submissions made by Mr. S. B. S. Raman finds acceptance with me, this petition fails and shall stand dismissed. .