DEEPAK KUMAR Vs. STATE OF HARYANA

JUDGEMENT

(1.) THE present petition has been filed by petitioner- Deepak Kumar under Section 482 of the Code of Criminal Procedure for quashing of the complaint dated September 27, 2000 filed under Section 7 of the Essential Commodities Act, 1955 read with clause 19(1) of Fertilizer Control Order, 1985 with all consequential proceedings arising therefrom qua the petitioner. A copy of the aforesaid complaint has been appended as Annexure P-1 with the petition.

(2.) AS per the averments made in the complaint a Fertilizer Inspector visited the premises of M/s. Ram Dev Rajesh Kumar, who were dealing in fertilizers on June 24, 2000 and drew a sample of fertilizer manufactured by M/s. Parkash Agro Industries, Shahabad District Kurukshetra. On the subsequent analysis of the aforesaid sample, the same was found to be sub-standard, therefore, the complaint in question was filed by him on September 27, 2000 arraying the aforesaid dealers, the present petitioner Deepak Kumar and the manufacturing concern M/s. Parkash Agro Industries, as the accused in the complaint.

(3.) SH . Rakesh Verma, learned counsel for the petitioner submits that a perusal of the complaint would show that no averment, whatsoever, has been made by the complainant in the complaint against the petitioner and so much so it has not been averred at all that he was a person who was responsible for the management and control of the manufacturing concern.