VISHWAKARMA Vs. STATE OF U P

JUDGEMENT

(1.) J. C. Mishra, J. These petitions have been filed by the accused for a writ in the nature of the certiorari for quashing the First Information Report dated 28-2-98 in Crime No. 10 of 1998 under Section 3/7 Essential' Commodities Act PS, Belghat, district Gorakhpur.

(2.) THE prosecution case as contained in the impugned F. I. R. is that Deputy Divisional Agriculture Development Of ficer, Khajui, district Gorakhpur, respon dent No. 3, on 30-11-97 inspected the fer tilizer shops of M/s. Gupta Khad Bhandar, Bazar Lakhhura, Pakad Shankerpur and M/s. Janata Khad Bhandar, Kuti Bazar and took samples of D. A. P. and single super phosphate fertilizers. Vishwakarma, petitioner of Criminal Misc. Writ Petition No. 780 of 1998 is proprietor of M/s. Janata Khad Bhandar whereas Jokhan Prasad, petitioner of Criminal Misc. Writ Petition No. 781 of 1998 is proprietor of Gupta Khad Bhandar. THE samples were sent for chemical analysis. On chemical analysis they were found to be non-standard. Respondent No. 3 thereupon filed First Information Report against both the petitioners for violation of Fertilizer Con trol Order, 1985 punishable under Section 3/7, E. G. Act.

(3.) HEARD Sri Rahul Sripat, learned Counsel for the petitioners and learned A. G. A.