PARKASH WANTI Vs. STATE OF PUNJAB

JUDGEMENT

(1.) THIS petition under Section 482, Code of Criminal procedure, 1973 (hereinafter referred to as the Code) has been filed for quashing the impugned order dated 12-10-1988 passed by the Additional Sessions Judge, Ferozepore, and the first information report No. 193 dated 14-10-1986 registered under Section 7 of the Essential Commodities Act at Police Station Guruharsahai, Tehsil and District Forozepore.

(2.) THE first information report was recorded on the basis of a letter written by the Chief Agriculture Officer, Ferozepore, to the Senior Superintendent of Police, Ferozepore. According to the allegations mentioned therein, Inspector Agriculture took a sample of Super Phosphate on 27-7-1986 from Messrs Galhotra Trading Company, Guruharsahai. The said sample was sent on 24-7-1986 to the Fertilizer Quality Control Laboratory, Ludhiana, for testing. As per report of the Fertilizer Quality Control Laboratory, the aforesaid sample was found to be non-standard as active ingredient was 14.89 per cent instead of 16 per cent as prescribed for this fertilizer. Ved Parkash as to the partner of Messrs Galhotra Trading Company was challaned.

(3.) IT is settled law that in order to exercise the inherent jurisdiction under Section 482 of the Code, for the purposes of quashment, only the allegations made in the impugned First Information Report have to he considered, and the correctness or otherwise of such allegations cannot be examined.