PITAMBAR LAL Vs. STATE OF PUNJAB

JUDGEMENT

(1.) PITAMBER Lal, Tarsem Lal, Sohan Lal and Prem Nath appellants stand convicted and sentenced as under by the Presiding Officer Special Court, Hoshiarpur, vide his order dated 6th April, 1984 :- Pitamber Lal

(2.) WHEN examined under Section 313, Code of Criminal Procedure, the appellants pleaded innocence simpliciter. Pitambar Lal appellant examined Nirkewal Singh DW1, Manager, Sri Ram Test House, Delhi, in order to challenge the test report of the Analytical Chemist. He deposed that the test was not conducted according to the prescribed rules and norms by Analytical Chemist.

(3.) MR . Gaur, learned counsel for the appellants, has contended in the foremost that although a number of independent persons were available but no one was joined at the time of the taking of the sample. It is in evidence that the samples were taken on 4th September, 1980 and the same were analysed on 15th July, 1982, i.e., after a gap of about two years. No reason has been given by the prosecution as to why they took so long to examine the sample. Under Schedule II of the Fertilizer (Control) Order, 1957, the sample shall not be taken at a place exposed to weather, it shall be placed in suitable, clean, dry and air-tight glass or other suitable containers and stored in shade. No evidence is forthcoming as to whether these mandatory provisions of law were ever complied with. As per clause 4(a)(ii), said Schedule II each test sample shall be immediately transferred to a suitable container, as described under 1(e) and 1(f), provided with a tight fitting stopper or lid so that the original composition of the fertilizer remains unchanged. But according to the testimony of PW1 Jasbir Singh, the samples were put in polythene bags and where merely tied with a thread and, thus, they remained in the same condition for two years until they were subjected to chemical examination. In view of these facts, the possibility cannot be ruled out that the marginal deficiency of 2.37% towards water soluble phosphates in this case cropped up due to improper handling and custody of the sample.