DIWAN CHAND Vs. THE STATE OF PUNJAB

JUDGEMENT

(1.) THE present petition has been filed under Section 482 of Cr.P.C. for quashing of challan in FIR No. 97, dated 20.8.1997 registered at Police Station Rampura, Distt. Bathinda, Annexure P-1, under Section 7 of the Essential Commodities Act read with Clause 19(1)(a) of the Fertilizer Control Order, 1985.

(2.) BRIEFLY , the case of the prosecution is that the Fertilizer Inspector drew the sample of Dia-ammonium fertilizer 18 : 46 from the premises of a dealer firm namely M/s Punjab State Ware Housing Corporation, Rampura on 22.9.1994. The sample was sent to the Fertilizer Quality Control Laboratory, Faridkot for analysing and it was found that it did not conform to the prescribed standards. Accordingly a written complaint was filed by the Chief Agriculture Officer, Bathinda before the S.S.P. for registration of an F.I.R. against the petitioner. On the basis of the complaint, the police registered the present F.I.R. against the petitioner as he was an employee of the manufacturing company. The perusal of the F.I.R. shows that the petitioner was the Chief Manager Production, IFFCO, Kandla (Gujarat) and had been declared as a responsible person for quality of fertilizers under Clause 24 of the Fertilizer Control Order, 1985.

(3.) LEARNED counsel appearing for the State has, however, contended that once the petitioner has been named as a person responsible for quality control of the fertilizers under Clause 24 of the Fertilizer Control Order, 1985, then that person would be responsible for maintaining the quality standards of the fertilizers produced and in case the fertilizers does not conform to the prescribed standards then it is the person named under Clause 24 of the Fertilizer Control Order, 1985 who would be held responsible and liable to face prosecution.