STATE OF PUNJAB Vs. PIARA SINGH

JUDGEMENT

(1.) This is an appeal preferred by State of Punjab against judgment dated 24th December, 1998, passed by Special Judge, Ludhiana whereby accused/respondents were acquitted of offence under Sections 19 (1) (a) of the Fertilizer (Control) Order, 1985, punishable under Section 7 of the Essential Commodities Act, 1955.

(2.) Briefly, factual background of the case is that Bhagwan Singh, Fertilizer Inspector, Machhiwara, checked the premises of M/s. Piara Singh Avtar Singh on 19th October, 1993. He was accompanied by Amarjit Singh, Agriculture Officer, Machhiwara. The Inspector took 400 gms of the fertilizer as sample out of the fertilizer being sold with the brand name 'Basant Super Single Super Phosphate 16% (g)' manufactured by M/s. Shivalik Fertilizers Ltd. (respondent No. 2 herein) and sealed the same in polythene bag. A seizure memo was drawn up in Form 'J' in the presence of Salesman Avtar Singh. The sample was duly signed by witnesses. Thereafter, the analysis report (AR No. 1279 dated 11th November, 1993) was received from the laboratory. According to the report, the samples were not found in accordance with the specifications and thus it was found that accused had violated the provisions of Section 19(1) (a) of the Fertilizer (Control) Order, 1985.

(3.) The accused appeared before the trial court and pleaded not guilty and claimed trial. At the stage when case was fixed for prosecution evidence, it was brought to the notice of the trial court that Fertilizer (Control) Order had been quashed by the High Court in CWP No. 5643 of 1995 titled as 'Tarsem Singh v. Union of India, 1996 3 RCR(Cri) 633.