STATE OF PUNJAB Vs. ASHOK KUMAR

JUDGEMENT

(1.) THE respondents were prosecuted under Section 7 of the Essential Commodities Act (hereinafter called the "Act") read with clause 1(i)(a) of the provisions of Fertilizer Control Order, 1985 (hereinafter called "the order").

(2.) THE prosecution case, in brief, is that on 4.9.1990 Harjit Singh, Fertilizer Inspector, accompanied by Gurdial Singh, Agricultural Officers, inspected the business premises of the society and after disclosing his identity, expressed his intention to draw a sample of Zinc Sulphate, out of the 75 bags of Zinc Sulphate 21% (Kishan Brand) stored for sale by the Society. Ashok Kumar respondent was present at that time. Approximately 1200 grams of sample was drawn and mixed thoroughly. The sample was then divided into three equal parts and transferred in three separate clean and dry polythene bags. Declaration Form "J" was also prepared and put in each of the sample bag before sealing. One part of the sample was handed over the Ashok Kumar respondent and the remaining two parts were handed over to Amrik Singh, Agricultural inspector to the office of Chief Agricultural Officer, Hoshiarpur. Amrik Singh sent one part of the sample through Manga Ram to the laboratory at Ludhiana. On analysis the sample was found to be of non- standard, as the Zinc content percentage by weight exceeded the permissible tolerance limit of 0.2, vide report Ex.PL of the Fertilizer Quality Control Laboratory, Ludhiana. After the receipt of the report of the chemical examiner, the prosecution was launched against the petitioner.

(3.) THE prove its case the prosecution examined Inspector Harjit Singh PW1, Gurdial Singh Agricultural Officer PW2, Amrik Singh, Agricultural Development Officer PW3, Mehnga Ram PW4, Shadhar Kumar PW5, Harmesh Chander PW6 and S.I. Darshan Singh PW7, besides tendering into evidence the report Ex.PL of the Laboratory.