A.S. SAWHNEY Vs. STATE OF PUNJAB

JUDGEMENT

(1.) A .S. Sawhney, petitioner-accused seeks quashing of the order dated 5.5.2000 passed by the Special Judge, Sangrur whereby petitioner- accused has been summoned to face trial for violation of the provisions of Clause 19(1)(a) of the Fertilizer Control order, 1985 (hereinafter referred to as, the Order, 1985) punishable under Section 7 of the Essential Commodities Act (hereinafter referred to as, 'the Act').

(2.) IN order to focus the controversy raised in the present petition, a few facts have to be noticed. On 26.5.1987 Dr. Balwant Singh, Agricultural Development Officer-cum-Fertilizer Inspector, Malerkotla visited the premises of M/s Gill Khad Store, Raikot Road, Malerkotla. The said store was found in possession of fertilizer zinc sulphate 21% (Taraju Brand) manufactured by M/s Tirupati Chemicals Ltd., Malerkotla. Three samples were drawn in accordance with prescribed procedure. One sample was sent to Analytical Chemist Punjab, Fertilizer Quality Centre Laboratory, Faridkot. Out of the remaining two samples, one was deposited in the office of Chief Agricultural Officer, Sangrur and the third sample was handed over to the dealer's representative. As per the report of Analytical Chemist, the sample was found to contain Zinc Sulphate by weight 19.20% instead of 21% of the minimum as per the Order, 1985. On receipt of the report of Chemical Examiner, Chief Agricultural Officer, Sangrur addressed a communication to the Senior Superintendent of Police, Sangrur who got the case registered. Accordingly, FIR No. 120 dated 10.6.1999 was registered with Police Station Malerkotla against Bhagat Singh son of Babu Singh, proprietor of M/s Gill Khad Store, Raikot Road, Malerkotla and Mr. A.S. Sawhney, being the responsible person of M/s. Tirupati Chemicals Ltd., Ludhiana Road, Malerkotla.

(3.) I heard counsel for the petitioner-accused as well as the State counsel at length.