SATWANT SINGH AND ANOTHER Vs. STATE OF PUNJAB

JUDGEMENT

(1.) Succinctly, the relevant facts, which require to be noticed for deciding the core controversy, involved in the instant petition and emanating from the record are that, on the complaint of Sh.Harwinder Singh Bhatti, Chief Agriculture Officer, a criminal case was registered against M/s Baldev Sales Store through its proprietor Baldev Singh, M/s Oswal Chemicals & Fertilizers Limited through Sh.Vishnu Parshad, Manager (Technical Services) and the petitioners, for manufacturing, supplying, stocking and selling non-standard fertilizer, in violation of the provisions of Clause 19 of the Fertilizer Control Order, 1985, and for the commission of offence punishable under Sections 7 and 12AA of The Essential Commodities Act, 1955(hereinafter to be referred as "the Act").

(2.) The police investigated the case and submitted the final police report against the main accused M/s Baldev Sales Store and M/s Oswal Chemicals & Fertilizers Limited under Section 173 Cr.P.C. However, during the course of investigation, the petitioners-firm were found innocent and were not challaned by the police.

(3.) Having completed all the codal formalities, the main accused were charge-sheeted for the commission of indicated offence and the case was slated for evidence by the prosecution. The prosecution examined the witnesses, including the complainant-PW7, who made the statement(Annexure P-6). Thereafter, on the application moved by the prosecution under Section 319 Cr.P.C., the trial Court summoned the petitioners as an accused, to face the trial with the main accused, by means of impugned summoning order dated 21.10.2008(Annexure P-7).