SUBHASH BANSAL Vs. STATE OF PUNJAB

JUDGEMENT

(1.) FERTILIZER Inspector Mukhtiar Singh took a sample of ferrous sulphate fertilizer from M/s Krishi Chem Products, Haripura Road, Sangrur, on 28th July, 1987. The sample on analysis was found to be non-standard because it did not conform to the specification set out in Schedule II of the Fertilizer Control Order, 1985. First Information Report No. 197 dated 9th December, 1987 was got registered against the concern aforesaid in Police Station, Sangrur, under section 7 of the Essential Commodities Act. One Subhash Bansal giving himself out as proprietor of the delinquent concern has filed Cri. Misc. No. 8384-M of 1988 for quashing the First Information Report on the grounds that the essential ingredients of the offence alleged against the petitioner are not set out in the First Information Report and that the Fertilizer Inspector did not conform to the prescribed method while obtaining the sample.

(2.) BOTH the assertions made in the quashing petition have been refuted by the Investigating Officer in the reply filed on behalf of the State on 14th September, 1990.

(3.) IT has repeatedly been held by this Court in Charan Dass and others v. State of Punjab, 1987(1) Recent Criminal Reports 285; Sohan Singh and another v. State of Punjab, 1988(1) Recent Criminal Reports 372; Gian Chand Luthra v. State of Punjab, 1988(2) Recent Criminal Reports 481 and Hardev Singh and others v. State of Punjab, 1989(2) Recent Criminal Reports 420 that, infirmities in collecting the sample in violation of the statutory requirements envisaged in Schedule II of the Order vitiates the proceedings and is a justifiable ground for quashing the same. The relevant observations read :-