RAM SINGH Vs. STATE OF HARYANA

JUDGEMENT

(1.) PETITIONER -Ram Singh, who is Director of M/s. Crystal Phosphate Limited has filed the present petition under Section 482 Cr.P.C. for quashing of the complaint dated October 14, 1998 and all the consequential proceedings taken thereupon. The complaint has been appended as Annexure P-1 with the present petition.

(2.) AS per averments made in the complaint, the Fertilizer Inspector visited the shop of M/s. Vijay Kumar Satish Kumar. The aforesaid firm was carrying on the business of fertilizer manufactured by the Company M/s. Crystal Phosphate Limited. A sample of some fertilizer was taken and on analysis, the same was found to be sub-standard and in contravention of clause 19(1) of the Fertilizer Control Order, 1985 and, therefore, there was a contravention of Section 7 of the Essential Commodities Act, 1955. Consequently, a complaint dated October 14, 1998 was filed by the Fertilizer Inspector against Ram Singh (the present petitioner).

(3.) SH . Arun Chandra, learned Counsel for the petitioner has submitted that in the absence of the company as a co-accused, the complaint against the present petitioner Ram Singh who was the Director of the Company who not maintainable and to support the aforesaid submission, he has relied upon S.H. Chisty v. State of Haryana, 1997(2) Recent C.R. 565, Suresh Chand Sharma v. State of Haryana, 1997(2) Recent Criminal Cases 696 and a judgment of this Court in N.K. Kakkar and others v. State of Punjab, Crl. Misc. No. 10011-M of 1997 decided on August 1, 2002.