R K THUKRAL Vs. STATE OF PUNJAB

JUDGEMENT

(1.) The present petition under Section 482 of the Code of Criminal Procedure has been filed by petitioner R.K. Thukral for quashing of the complaint under Section 19(1)(a) of the Fertilizer Control Order, 1985 read with Section 7 of the Essential Commodities Act, 1955. A copy of the complaint has been appended as Annexure P/2 with the petition.

(2.) On Nov. 20, 1997, the Fertilizer Inspector visited the premises of the dealer M/s. Pritam Singh and Company at Ludhiana and took the sample of some fertilizer which was manufactured by M/s. Varindra Agro Chemicals. Upon analysis of the same by the testing laboratory, the fertilizer was found to be substandard. A complaint was filed against the aforesaid dealer as well as present petitioner R.K. Thukral.

(3.) The sole ground upon which the quashing of the complaint has been claimed by petitioner R.K. Thukral is that while filing the complaint, the manufacturing company has not been impleaded as a party. Shri Ravindra Chopra learned counsel for the petitioner submits that the criminal proceedings against the petitioner could not be continued under the circumstances of the case. Shri Chopra has relied upon the judgments of the Apex (High) Court in S.H. Chisty v. State of Haryana, 1997 (2) Recent Criminal Cases 565, Suresh Chand Sharma v. State of Haryana, 1997 (2) Recent Criminal Cases 696 and a judgment of this Court in N.K. Kakkar v. State of Punjab (Crl.) Misc. No. 10011-N of 1997) decided on August 1, 2002.