AJIT SINGH Vs. STATE OF PUNJAB AND ORS.

JUDGEMENT

(1.) The appellant was subjected to criminal proceedings under the Essential Commodities Act, 1955 among others in the complaint case No. 2 of 05.07.1996/RBT No. 20 of 01.08.2002. The appellant has been convicted under Sec. 7 of the Essential Commodities Act, 1955 to undergo rigorous imprisonment for a period of 2 years and to pay fine of Rs. 5000/ - in default of payment of fine to undergo further rigorous imprisonment for a period of 2 months on 23.04.2004. The appellant feeling aggrieved by the sentence and fine, presented this appeal.

(2.) Gist of the case are that on 2 -9 -1993, Kuldip Singh, Fertilizer Inspector, accompanied by Sarabjit Singh, Agricultural Development Officer, (Plant Protection), Kapurthala, inspected the premises of M/s. Punjab Agro Industries Corporation Ltd.; V & P.O. Miani Bakarpur, Tehsil and District Kapurthala. Ajit Singh, Incharge of the Corporation, was present there. The Fertilizer Inspector, gave a notice, showing his intention of taking the sample of fertilizer, for the purpose of analysis, under the Fertilizer (Control) Order 1985 (hereinafter to be called as the Order Only), which was received by him (Ajit Singh). The Fertilizer Inspector, then inspected the dealer's registration and stock register, in respect of "Jat Super" Single Super Phosphate 16%W.S, P2 P5 (Granulated), manufactured by M/s. Agro Chem. Punjab Ltd.; village Singhpura (Dera Bassi), Distt. Patiala. According to the stock register, there were 191 stitched bags of 50 kg. fertilizer each. Kuldip Singh, Fertilizer Inspector, signed the stock register, at page No. 40. This fertilizer was received by the firm, on 5 -6 -1993, through dispatch order Challan No. 411 dated 4 -6 -93. He checked the lot number and date of manufacture, on each bag. It was not mentioned on any bag. He also checked the Challan, aforesaid, to verify the lot number. It was also not mentioned therein. Thereafter, the Fertilizer Inspector, prepared the sampling detail, in duplicate, in Form 3 J, in the presence of Ajit Singh, Accused, aforesaid. Both of them put their signatures, on Form J. One copy of Form J, was handed over to Ajit Singh. Three bags, bearing Nos. 7, 71 and 135 were selected, at random. Thereafter the Fertilizer Inspector, inserted the sampling probe diagonally, from one corner to another, in those selected bags. The fertilizer so collected, was put on a clean and dry polythene sheet. It was mixed properly and divided into four equal parts. Two diagonally opposite parts, were removed. The remaining parts were again mixed together forming a composite sample of 1.500 kgs. This composite sample was again spread on the dry, clean and thick polythene and divided into 3 approximate portions of equal weight. Each of the sample parts, was put into dry, clean and thick polythene sheet bags and the same were tied, to make the same air -tight. Then four detailed descriptions as specified in Form J and three Form K, under clause 30(1) of the Order, were filled in, in the presence of Ajit Singh, Incharge of M/s. Punjab Agro Industries Corporation Ltd.; V. & P.O. Miani Bakarpur, Tehsil and District Kapurthala, and Sarabjit Singh, who put their signatures, on Form J. The detailed description in Form J alongwith each of the sample portion in polythene bags was put into three cloth bags separately, which were sealed with the seal bearing impression FI. Ajit Singh was given opportunity to put his seal impression on Forms J and K and on each portion of the sample. He availed of this opportunity as he put his seal bearing impression PAIC. Then the Fertilizer Inspector, put serial No. 1, on the cloth bags, as identification mark of sample. One portion of the sample, was given to Ajit Singh and his signatures were obtained on Form J, in this respect. On 3 -9 -93, the remaining two portions of the sample alongwith Forms J and K (two in each) were deposited, with the Chief Agricultural Officer, Kapurthala, vide letter of the even date by Kuldip Singh. Balwinder Singh, Agricultural Development Officer (E), received the sample, on behalf of the Chief Agricultural Officer, Kapurthala. One portion of the sample alongwith Form K, was sent to the Analytical Chemist Fertilizer Quality Control Laboratory, Punjab, Faridkot, through Rajinder Singh, Beldar, on 8 -9 -93. Rajinder Singh, Beldar, deposited the same alongwith Form K, on the same day i.e., 8 -9 -93 and got the receipt on the office copy from the Agricultural Development Officer of the Laboratory and handed over the same to Balwinder Singh. The Analytical Chemist (Incharge) Fertilizer Quality Control Laboratory, Punjab, Faridkot, sent the analysis report, according to which, the contents of the sample were not according to the specifications and hence non standard. A show cause notice alongwith a copy of the analysis report, was sent to M/s. Punjab Agro Industries Corporation Ltd.; V & P.O. Miani Bakarpur, Tehsil and District Kapurthala, authorised dealer by the Chief Agricultural Officer, Kapurthala, which was received by it and duly signed by Ajit Singh, accused No. 2. Accused No. 3 M/s. Punjab Agro Industries Corporation Ltd.; is the distributor. The fertilizer was manufactured by M/s. Agro Chem. Punjab Ltd.; village Singhpura (Dera Bassi), Distt. Patiala, having Regd. office Dhillon Complex, Mani Majra, Chandigarh UT). A show cause notice alongwith a copy of the analysis Report, was sent to it. Ajit Singh, was the person Incharge of and responsible to M/s. Punjab Agro Industries Corporation Ltd.; V & P.O. Miani Bakarpur, Tehsil and District Kapurthala, accused No. 1 for the conduct of its business, at the relevant time, whereas, Gurdip Singh Chahal Chief Chemist was the person Incharge of and responsible to M/s. Agro Chem. Punjab Ltd.; accused No. 4, for the conduct of its business. Accused No. 1 to 3, for keeping and exhibiting for sale the non -standard fertilizer, accused No. 3 by distributing the non -standard fertilizer and accused No. 4 and 5, by manufacturing and exhibiting for sale the nonstandard fertilizer, accused No. 3 by provisions of Clause 19 of the Order, and committed the offence punishable under Sec. 7 of the Essential Commodities Act, 1955 (Amended upto date), (hereinafter to be called as the Act only)

(3.) The complaint was registered against appellant and 4 others. The appellant was employee of M/s. Punjab Agro Industries Corporation Limited which is an undertaking institution of the State of Punjab. He is stated to be Incharge of fertilizer store in the Punjab Agro Industries Corporation. On 02.09.1993, Kuldeep Singh, Fertilizer Inspector who had inspected the premises of M/s. Punjab Agro Industries Corporation Limited, Miani Bakarpur, Tehsil and District Kapurthala noticed that sub -standard fertilizers were stored. He had taken samples and sent for analysis by the competent authority. The competent authority namely Analytical Chemist (Incharge) Fertilizer Quality Control Laboratory, Pb. Faridkot on 21.09.1993 in which a report has been made to the Chief Agricultural Officer, Kapurthala while making note of variation in composition as per analysis with reference to the specification as per FCO. Based on the said report a complaint was registered against appellant and others in the year 1996. The complaint was proceeded and appellant and others were sentenced.