SHAM SUNDER PAL: Vs. STATE OF PUNJAB:

JUDGEMENT

(1.) The present appeal was filed through his counsel Shri Jasbir Singh, Advocate (since elevated as Honourable Judge of this Court). Shri K.S. Cheema, Advocate has very graciously accepted to act as Amicus Curiae for the appellant and to argue his case. The gesture shown by Shri K.S. Cheema is highly appreciable.

(2.) In the present appeal, the appellant Sham Sunder Paul has challenged the judgment dated Nov. 20, 1989 passed by the Special Judge, Hoshiarpur whereby the appellant has been convicted under Clause 19(i)(a) of the Fertilizer Control Order, 1985 issued under section 3 of the Essential Commodities Act, 1955 and sentenced to undergo rigorous imprisonment for one year and to pay a fine of Rs. 500.00 . In default of the payment of fine, the appellant has been ordered to further undergo rigorous imprisonment for two months.

(3.) As per the prosecution version, on Dec. 12, 1986, Agricultural Inspector Harjit Singh along with one Jaswant Singh, Agricultural Inspector and Uttam Chand, Beldar went to village Sham Chaurasi. They visited the shop of M/s. Ram Parkash and Sons where Suresh Kumar proprietor of the aforesaid firm was present. After a notice to the aforesaid Suresh Kumar, the aforesaid Agricultural Inspector took a sample of fertilizer of Neel Kamal Brand lying at his shop. Three separate samples from three different bags of the aforesaid fertilizer were taken. The samples after mixing were put in separate polythene bags. The samples were ultimately sent for testing. The same were found to be sub-standard. As per the prosecution version, the aforesaid fertilizer of Neel Kamal Brand was being manufactured by Modem Agro Chemical Industries Private Limited, Alawlpur, District Jalandhar. Since the aforesaid samples were taken from the sealed bags, therefore, the manufacturer was found to be liable for production of sub-standard feritilizer. The present appellant at the relevant time was alleged to be working as plant incharge of the aforesaid factory and, therefore, was found to be responsible for the compliance of the provisions of Fertilizer Control Order, 1985. Accordingly, the case was registered against him. A formal FIR Ex.PM/1 was recorded. The appellant was arrested and after investigation, challan was presented.