AMARAVATHY FERTILIZER COMPANY Vs. STATE

JUDGEMENT

(1.) The first and second accused in S.T.C. (E.C) No. 15/1983 on the file of the Sessions Judge and Presiding Officer for Essential Commodities Act Cases, Pudukkottai are the appellants. First accused is the company, while the second accused is the managing partner of the said Company. They along with A3 to A5 were prosecuted by the respondent for contravening the provisions of Clause 13(1) (aa) of the Fertilizer Control Order 1957 read with S. 7(1)(a)(ii) of the Essential Commodities Act 1955. The trial court acquitted A3 to A5, but found Al and A2 guilty of the charge Al being the Company a sentence of fine of Rs. 2,000 was imposed. A2 was sentenced to suffer rigorous imprisonment for six months and to pay a fine of Rs. 2.000 in default to undergo rigorous imprisonment for three months.

(2.) The facts which led to the prosecution can be summarised as follows:

(3.) To substantiate the prosecution case, the respondent apart from examining himself as P.W.1, examined P. Ws.2 and 3 who are Assistant Agricultural Chemist and his subordinate who analysed the sample respectively. The prosecution also marked Ex.P1 to P13, The defence examined one witness who is an Office boy in the first accused company, but did not choose to file any documents. M.O.1 the sample of fertilizer given to the accused by the complainant, was produced in court by the accused and marked by the respondent while he was cross examined.