PARMOD GUPTA Vs. STATE OF PUNJAB

JUDGEMENT

(1.) THE present petition has been filed under Section 482 of the Code of Criminal Procedure, 1973 read with Article 227 of the Constitution of India by the petitioner for quashing of the FIR No. 125 dated October 21, 1999 registered under Section 7 read with section 12-AA of the Essential Commodities Act, 1955 further read with Clause 19 of the Fertilizer Control Order, 1985 registered at Police Station Mukerian. The aforesaid FIR has been appended as Annexure P.2 with the present petition.

(2.) I have gone through the FIR. A perusal of the FIR shows that a sample of the fertilizer manufactured by the company petitioner No. 2 was taken by the Fertilizer Inspector on September 14, 1998 from a dealer who was dealing with the products manufactured by the company petitioner No. 2. On a subsequent analysis, the sample was found to be sub-standard. Consequently, a show cause notice was issued to the company petitioner No. 2 by the Chief Agricultural Officer, Hoshiarpur on December 11, 1998. On the basis of an authorisation letter (appended as Annexure R.1 with the reply of the respondents), the aforesaid show cause notice was replied by petitioner No. 1 Parmod Gupta on behalf of the company petitioner No. 2.

(3.) IN my considered opinion, no case for quashing of the FIR has been made out by the petitioners.