RAJINDER KUMAR SHARMA Vs. STATE OF PUNJAB

JUDGEMENT

(1.) THIS is a petition against order dated 15.1.2004 of Special Judge, Kapurthala whereby application under Section 245 Cr. P.C. of the petitioner for dropping the proceedings had been dismissed.

(2.) THE facts of the case are Fertilizer Inspector had taken sample of Super Phosphate from the premises of M/s Kishori Lal Vishwa Nath and on analysis that sample was not found to be in accordance with the standard laid down in the Fertilizer (Control) Order. Then prosecution was launched against M/s Kishori Lal Vishwa Nath and is partners. Rajinder Kumar, present petitioner, was one of the partners. The other partners had been Vishwa Nath and Rakesh Kumar.

(3.) THERE has been no averments or specific allegations against the present petitioner in the complaint filed by the State through Chief Agriculture Officer, Kapurthala. He had been prosecuted only because he happened to be partner of the firm M/s Kishori Lal Vishwa Nath from which sample was taken. That firm Kishori Lal Vishwa Nath and its other partners and then who manufactured etc had been separately prosecuted and sentenced.