M P SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) THIS order of mine shall dispose of all the four criminal misc. petitions bearing Nos. 21302, 31217, 31215 and 43743-M of 2005, fully described above, as in all these petitions common questions of law and facts are involved.

(2.) IN all these petitions, the petitioners by way of filing the instant criminal Misc. Petitions under Section 482 of the Code of Criminal procedure have craved the indulgence of this Court for quashing the complaints dated 21. 12. 1999 and 6. 10. 1994 (Annexure P1 in all the petitions) filed under Section 19 (i) (a) of the Fertilizer Control Order, 1985 read with Section 7 of the Essential Commodities Act, 1955, and read with section 12 (aa) of the Essential Commodities Act, 1995, pending in the courts at Moga and Faridkot exercising the powers of Special Judge, and the summoning orders dated 5. 3. 2003 and 25. 2. 2005 (Annexure P-2 in all the petitions) respectively.

(3.) IN brief, the facts of the case bearing No. 21302-M of 2005 are that on 28. 5. 1998 Shri Kuldeep Singh, Fertilizer Inspector along with Harbans singh, Agricultural Sub Inspector, Faridkot visited the shop of M/s. Guru nanak Khad Store and found Shri Narinder Kumar, partner of the firm present at that time. After disclosing his identity and the purpose of visit to shri Narinder Kumar, checked the record and found 541 bags (each 50 kgs. packing) bearing lot No. 137-D-18 of Single Super Phosphate 16% in stock, which were duly machine stitched. He prepared the requisite forms j, K and F at the spot. He tried to associate with him one of the customers from those who were present at the shop but none of them was willing to join as a witness. He then joined Harbans Singh, Agri. Sub Inspector as a witness and took his signatures on form J. He then selected five bags from the stock of 541 bags, according to the table provided in Schedule II-2 (i) (c) of Fertilizer Control Order, 1985. The selected bags were 100th, 200th, 300th, 400th and 500th. From all the selected bags, he drew samples j by inserting clean and dry sampling probe (made of brass) diagonally in the bags and took 300 grams sample on dry and clean polythene sheet from each bag. Weighing about 1500 grains composite sample was also drawn from the five bags, was mixed with dry and clean wooden rod to make composite sample as homogeneous. The so-collected composite sample was then spread out on clean hard surface and divided into three equal portions of about 400 grams each, which constitute the test samples. After completing all other requisite formalities, one sealed sample and form J was handed over to Shri Narinder Kumar, at the spot and the other portions of the samples along with forms J and K were deposited in the office of Agricultural Development Officer on 1. 6. 1998, who retained one sample in store and the third sample was deposited in the Fertilizer Testing laboratory, Ludhiana on 2. 6. 1998 with form "k", by Shri Dayal Singh, beldar, Faridkot against proper receipt.