VIJAY KUMAR Vs. STATE OF PUNJAB

JUDGEMENT

(1.) This petition under Section 482 of the Code of Criminal Procedure, 1973 (hereinafter referred to as the Code) read with Art. 227 of the Constitution of India relates to quashment of impugned first information report No. 98 dated 23-7-1989 registered at Police Station, Longowal district Sangrur under Section 7 of the Essential Commodities Act (hereinafter referred to as the Act) and subsequent proceedings taken thereunder.

(2.) In brief facts relevant for the disposal of this petition, as emerge from the first information report are that on 18-8-1988 Hari Singh, Agricultural Inspector, Longowal, exercising powers of Fertilizer Inspector under clauses 27 and 28 of the Fertilizer Control Order, 1985 (hereinafter referred to as Order, 1985) along with Tejwant Singh Gill Assistant Project Officer, inspected the premises of Punjab Agro Service Centre, Longowal. There sample of fertilizer was drawn from machine stitched bags containing Zinc sulphate manufactured by M/s. R. K. and Co. (Balli Brand), Chandigarh. The material was thoroughly mixed and transferred into three thick gauged polythene bags each weighing about 500 grams approximately these were closed by thick thread and each sample was transferred to cloth bag along with form 'J'. The cloth bag was duly sealed with the seal of the Fertilizer Inspector. One representative sample was handed over to the dealer. Another sample was sent to the Fertilizer Quality Control Laboratory, Ludhiana on the same day through Raghbir Singh Agricultural Inspector. The sample was declared nonstandard by the said Laboratory because there was variation of 3 per cent of zinc content from the specification as provided in Schedule II of the Order, 1985 against the permissible tolerance limit of 0.20 and constituted violation of clause 19(1)(a) of the Order, 1985 read with Section 7/12 AA of the Act.

(3.) The learned counsel for the parties were heard.