THE STATE OF PUNJAB Vs. MANOHARLAL AND OTHERS

JUDGEMENT

(1.) THIS revision by the Punjab State has been directed against the discharge of the Respondents for an offences under Section 7/13 of the Essential Commodities Act read with Clause 13(l)(a)(vi) at the Fertilizer (Control) Order, 1957.

(2.) THE facts of the case which led to the filing of this revision are that on 17th of September, 974, Fertilizer Inspector of Amritsar went to the business premises of the Respondents and found 87 bags of fertilizer known as Superphosphate single' lying stacked there for sale. The Fertilizer Inspector took out simple from the containers of the fertilizer and divided it into three equal parts One part was entrusted to the Respondents, the other was retained by him and the third was sent to the Quality Control Laboratory (Fertilizers) Department of Agriculture , Punjab. Ludhiana, for analysis (sic), where it was received on 18th of September 1974. The officer Incharge of the laboratory, who tested the sample of the superphosphate found water soluble phosphite has P2) c5(sic) as 1912 per cent in place of the required percentage of 16 percent. The permissible tolerance variation of the plant nutrient for This category of the fertilizer is U I per cent The sample was thus short in water soluble superphosphate single' (as p3 c5)(sic) by 00(sic) 88 per cent in the basis of this data, case for violation of Section 7/13 of the Essential Commodities Act was registered and the Respondents were prosecuted in the court of the Chief judicial Magistrate, Amritsar

(3.) ON behalf of the State it was argued that, A l.R. 1975 S.C. 189 case (supra) decided by the Supreme Court has been over ruled in State of Kerala etc v. Alasserry Mohammad etc, (1978) 5 Cr. L. T. 204 and on that ground the very basis of the order of discharge of the learned Chief Judicial Magistrate has slipped from under the feet of the Respondents and that the order of discharge requires to be set aside -