YOGESH KUMAR BHARGAVA Vs. STATE OF UTTAR PRADESH

JUDGEMENT

(1.) Heard learned counsel for the applicant and learned AGA.

(2.) This application has been filed with a prayer to quash the criminal proceeding under Section 3/7 of the Essential Commodities Act pending in the Court of 1st Additional Chief Judicial Magistrate, Budaun vide Case No. 2971 of 1999 - State of U. P. v. Yogesh Kumar and another on the ground that no case is made out against this applicant. It is also prayed that further proceeding may be stayed. It has also orally been prayed that if this Court is not convinced with the arguments of the learned counsel for the applicant then non-bailable warrant issued against the applicant may be quashed and he may be allowed to appear before the Court concerned.

(3.) Taking up the first two prayers initially I am of the view that proceeding cannot be quashed at this stage. The questions raised before the Court rest on the decision of various facts. Disputed questions of fact cannot be gone into by this Court at this stage because determination of his contention is subject to the recording and appreciation of the evidence. In this view of the matter the first contention of the learned counsel for the applicant has no merit and it is accordingly discarded. Coming to the next submission of the learned counsel for the applicant that he cannot be prosecuted under Clause 19 of the Fertiliser (Control) Order, 1985 for breach of provisions contained in Clause 23 of the said Control Order. He alleges that it is not reported in the first information report that the sub-standard article which was recovered from the shop of the applicant was not in conformity to the specifications prescribed under sub-clauses (1), (2) and (3) of Clause 23 of the aforesaid Order. His case is that it was not substandard but was a non-standard fertiliser. Clause 23 of the aforesaid Order deals with the disposal of non-standard fertiliser. For ready reference sub-clauses 1(a), (b) and (c) of Clause 23 of the aforesaid Order are quoted as under :(a) the container of such non-standard fertiliser is conspicuously superscribed in red colour with the words "non-standard" and also with the sign "X"; and(b) an application for the disposal of non-standard fertiliser in Form H is submitted to the registering authority to grant a certificate of authorisation for sale of such fertilisers and a certificate of authorisation with regard to their disposal and price is obtained in Form I;(c) such non-standard fertiliser shall be sold only to the manufacturers of mixtures of fertilisers or special mixtures of fertilisers or research farms of Government or universities or such bodies.