JAI NARAIN Vs. STATE OF PUNJAB

JUDGEMENT

(1.) The instant petition has been filed by the petitioners under Sec. 482 of the Code of Criminal Procedure (for short 'the Code') seeking quashing of Criminal complaint bearing No. 47/2014 dtd. 3/4/2014, titled as State of Punjab through Chief Agriculture Officer vs. Jain Narain and another, filed under Ss. 7, 8 and 19(a)(c)(v) of the Fertilizer (Control) Order, 1985 and Sec. 7 read with Sec. 12AA of the Essential Commodities Act, 1955, pending before the Court of learned Sub Divisional Judicial Magistrate, Gidderbaha as well as for quashing of order dtd. 21/7/2014 passed therein, whereby the petitioners were ordered to be summoned as accused to face trial for commission of aforementioned offences.

(2.) Brief facts of the case relevant for the purpose of disposal of the present petition are that the aforementioned complaint was filed on 3/4/2014 by the Chief Agriculture Officer, Sri Muktsar Sahib on the allegations that on 21/7/2007, during routine inspection, he along with the Agriculture Development Officer visited the premises of M/s Om Parkash Hari Ram, Pesticides and Fertilizers, Gidderbaha (for short 'the firm'), where petitioner No.1, the proprietor, was present. During inspection, one packet (5 kg) of Zinc Sulphate 33% fertilizer in polythene packing was found, allegedly without batch number, manufacturing date or name of manufacturer. It was further alleged that the firm was selling fertilizers without a valid licence, had not maintained stock registers, the fertilizer in question was not entered in the licence, the godown was unauthorized, the licence was not displayed and the bills issued did not bear farmers' signatures. The Fertilizer Inspector, after following the prescribed procedure under Schedule II of the Fertilizer (Control) Order, 1985, drew samples, prepared statutory forms, sealed three samples, handed over one sealed sample to the proprietor at the spot and transmitted the remaining samples through official channel, one of which was sent to the Fertilizer Testing Laboratory, Ludhiana on the same day.

(3.) As per the further allegations, the Fertilizer Testing Laboratory, Ludhiana, vide analysis report dtd. 27/7/2007, declared the sample substandard, as zinc content by weight was found to be 25.60% against the prescribed standard of 33.00%, showing a variation of 7.40% against the permissible tolerance of 0.20%. A copy of the analysis report along with show-cause notice dtd. 23/8/2007 was served upon the dealer, who replied claiming that the fertilizer was of small quantity and not meant for sale, but the explanation was found unsatisfactory. Despite opportunity of personal hearing, no satisfactory reply was furnished and no appeal for re-testing under Sec. 32-A of the Fertilizer (Control) Order, 1985 was preferred. Consequently, alleging that the petitioners, as responsible persons of the firm, had stocked, offered for sale and sold non-standard fertilizer without licence in violation of Clauses 7, 8 and 19(a)(c)(v) of the Fertilizer (Control) Order, 1985, the complaint was filed, pursuant to which the Sub-Divisional Magistrate, Gidderbaha, vide summoning order dtd. 21/7/2014, summoned the petitioners for offences punishable under Sec. 7 of the Essential Commodities Act, 1955.