DULICHAND GUPTA Vs. STATE OF M P

JUDGEMENT

(1.) THE petitioner has filed this petition for quashing of criminal proceedings initiated against the petitioner on the basis of FIR registered at Crime No.931/2011 at Police Station Basoda, District Vidisha for commission of offence under Section 420 of IPC and Section 7 (i)(a)(ii) of Essential Commodities Act 1955.

(2.) SENIOR Agriculture Development Officer, Basoda lodged an FIR at Police Station Basoda, District Vidisha to the effect that he had taken samples from the shop of the petitioner of DAP and NPK. The samples were sent for laboratory and as per the report of the laboratory, the fertilizer was found sub standard and on the bags of the fertilizer, the name of the manufacturer was mentioned as Narmada Phosphate Limited Hardi, District Bilaspur and Indian Potash Limited 727 Anna Sale Chennai. It is mentioned in the FIR that the petitioner was selling the sub standard fertilizer to the farmers. On the basis of aforesaid FIR an offence under Section 420 of IPC and Section 7(i)(a)(ii) of Essential Commodities Act, 1955, has been registered against the petitioner.