T N MATHIALAGAN Vs. SUBINSPECTOR OF POLICE

JUDGEMENT

(1.) This is an application filed under Section 482 of the Criminal Procedure Code to quash the proceedings in S.T.C. No. 23 of 1983 on the me of the Special Court under the Essential Commodities Act, Thanjavur. The brief facts are

(2.) The respondent launched a prosecution against the petitioners (Accused 2 to 4) and three others (ist Accused, 5th Accused and 6th Accused for refractions and violation committed by them in respect of certain provisions of Clauses 10-A (i), 13(1) (a), 13(1)(b)(iii), 13(l)(b)(v) of the Fertilizer Control Order, 1957 read with Section 7(1) (a) (ii) of the Essential Commodities Act, 1955. The first accused is the registered dealer in fertilizer. The first and second petitioners (second & third accused) are the sons of the first accused. The third petitioner (4th accused) is the Bill Clerk in the shop of the first accused. The fifth and sixth accused are the persons assisting the first accused in his shop.

(3.) On 24-10-1986 at 8.00 p.m. one Ulaganathan of Thalakkudi Village, came to the fertilizer shop of the first accused for the purchase of Vijay Complex Fertilizer. At that time, the petitioners and the other accused were available .in the shop. Ulaganathan wanted to effect the purchase of twenty five bags of fertilizers. The first and the second petitioners identified the location where the fertilizers were stocked. On verifying the fertilizers, Ulaganathan appeared to have told that the fertilizer stocks therein were old stocks. For that, the first and second petitioners replied that the fertilizer was a new arrival and the fifth and sixth accused who were present then have also confirmed the views of the first petitioners. Believing the representations so made, Ulaganathan purchased 25 bags of Vijay Complex Fertilizer at the rate of Rs. 122/- per bag. The bill was prepared by the third petitioner (4th accused) and it was signed by the first accused. Subsequently, Ulaganathan transported the fertilizer to his village and utilised twenty four bags of fertilizer in his fields. Fifteen days thereafter, he found no improvement in the fields. Then he suspected the quality of the Fertilizer purchased. He verified the remaining one bag to see whether it was unadulterated fertilizer. To his surprise and dismay, he found the so called fertilizer in the remaining one bag to be nothing but clay. He immediately filed a complaint before the Field Officer, Madras Fertilizers Limited, who in turn forwarded the complaint to the Civil Supplies, C.I.D. Police, Thanjavur. A case in Crime No. 1891 of 1983 was registered under Clause 1OA(1), 13(1)(a), 13(1) (b) (iii), 13(1) (b) (v) of the Fertilizer Control Order, 1957 and under Section 420, Indian Penal Code. The Investigation Agency seized 901/2 bags of fertilizers from the premises of the dealer, besides seizing the one bag of fertilizer, which was kept by the purchaser unutilised in his custody. Samples had been taken and sent to State Fertilizer analyst at Fertilizer Testing Laboratory, Coimbatore. The Analyst gave report stating that the sample was found to be deficient in total Nitrogen. Phosphoric acid and Potash and non-standard. After completing the investigationT a report under Section 173 of the Criminal Procedure Code bad been laid against the petitioners and the other accused for the offences under Clauses 1OA (1), 13(1)(a), 13(1) (b) (iii), 13(1) (b) (v) of the Fertilizer Control Order, 1957 before the Special Court under the Essential Commodities Act, Thanjavur. On receipt of the process, the petitioners have come forward with the present application.