A.K. SHAHU Vs. STATE OF PUNJAB

JUDGEMENT

(1.) This judgment of mine shall dispose of above mentioned two appeals bearing No. CRA-1232-SB of 1999 filed by A.K.Shahu and No. CRA-1242-SB of 1999 filed by Amar Nath, against judgment of conviction and order of sentence dated 15.12.1999 passed by the Special Judge, Mansa by virtue of which both the appellants A.K.Shahu and Amar Nath were convicted and sentenced to undergo rigorous imprisonment for a period of two years each and to pay a fine of Rs. 4000/- each and in default of payment to fine, to further undergo rigorous imprisonment for one month each, for the offence punishable under Section 7 of the Essential Commodities Act, 1955.

(2.) After hearing the learned counsel for the parties and for the reasons to be recorded by me hereinafter, I am of the considered view that both these appeals are liable to be accepted.

(3.) The other facts required to be noticed for the disposal of both these appeals are that appellant Amar Nath, proprietor of M/s Borawal Trading Company and appellant A.K. Sahu, then Senior Manager (M) of Pardeep Phosphate Limited were prosecuted on the allegations that on 21.7.1992, Gurmail Singh, Fertilizer Inspector, Budhlada took a sample of DAP fertilizer from the premises of M/s Borawal Trading Co any, Budhlada which was sent to the Fertilizer Quality Control Laboratory, Ludhiana and on analysis the same was found to be non-standard as variation was beyond permissible tolerance limits. Amar Nath proprietor of M/s Borawal Trading Company is a dealer holding registration certificate issued by the Chief Agricultural Officer, Bathinda for carrying on the business of fertilizer and M/s Pardeep Phosphate Limited, Orissa is the manufacturing company of DAP fertilizer while appellant A.K.Sahu being the Senior Manager of the said Company was incharge and responsible to the said company for the conduct of its business. After failure of the sample, a complaint was lodged with the police on the basis of which a criminal case was registered against the present appellants under Section 7 of the Act.