RAJINDER 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) has been filed for quashing the first information report.

(2.) THE first information report was recorded on the basis of the letter written by the Chief Agricultural Officer, Bathinda, to the Senior Superintendent of Police, Bathinda. According to the allegations mentioned therein, the Agricultural Inspector took a sample of Diammonium Phosphate (DAP) on 9-12-1986 from M/s. Rajinder Kumar and Brothers, Sardulgarh. The said sample was analysed and the same was found to be, nonstandard.

(3.) MR . Dinesh Goyal, learned counsel for the petitioners, has submitted that no allegation whatsoever has been made in the first information report concerning the manner in which the sample of Diammonium Phosphate (DAP) was taken by the Agricultural Inspector in the instant case. He has further submitted that neither the quantity of the fertilizer taken for the purposes of test is mentioned nor the container or the type of bag in which the sample of fertilizer was put, finds mention in the first information report; that, according to Schedule 11 of the Fertilizer Control Order 1985, the sample should be kept in suitable, clean, dry and airtight glass or screwed hard polythene bottle of about 400 grams capacity, or in a thick gauged polythene bag, and that, thereafter, the said container should be put in a cloth bag which is to be sealed with the Inspector's seal after putting inside the detailed description as specified in Form 'J'.