SATIJA FERTILIZERS Vs. STATE OF PUNJAB

JUDGEMENT

(1.) M /s. Satija Fertilizers, Kaller Khera, Tehsil Abohar, District Ferozepur through its proprietor Jai Narain have moved this petition under Section 482 of the Code of Criminal Procedure and have challenged FIR No. 112 of 1992 (Annexure P -5) registered under Section 7 of the Essential Commodities Act, 1955 at Police Station, Khuian Sarwar, District Ferozepur.

(2.) THE petitioner is a firm and it deals in fertilizers. It also holds registration certificate for the sale and stock of fertilizers under the Fertilizer Control (Order), 1985. It has also sister -concern known as M/s. Bharat Fertilizers and they had a common godown. The godown of petitioner was sealed by the Fertilizer Inspection on 16.10.1991. The Fertilizer Inspector informed the petitioner -firm vide letter No. 85 dated 17.10.1991 that because the godown of a Co -operative Agricultural Society in the neighbourhood has been sealed, the godown of the petitioner was also sealed as a precautionary measure to check that there may not be any pilferage. On 25.10.1991, the petitioner by means of a letter approached the Chief Agriculture Officer stating that their godown was sealed merely as a precautionary measure and that it should be opened so that the petitioner may be able to meet the demand of the customers. However, it appears that this request was not acceded to on 16.12.1991 and an inventory was also made in respect of the stock of the petitioner. The department prepared an ex parte inventory and issued a show -cause notice on 31.12.1991. Reply was furnished by the firm on 8.1.1992 and an order cancelling the licence of the petitioner was passed on 31.1.1992. Thereafter, the petitioner preferred an appeal before the Director, Agriculture, Punjab, Chandigarh and its appeal was allowed on 27.7.1992. It has been alleged that the Director held that the stock position supplied by the petitioner -firm was correct. However, Fertilizer Inspector lodged the FIR in question regarding the occurrence dated 16.10.1991.

(3.) THE learned counsel for the petitioner has pointed out that after the police investigated the matter and according to its report dated 21.3.1992 (Annexure P -4), no offence has been committed by the petitioner under the Fertilizer Control (Order), 1985 or under the Essential Commodities Act, 1955.