SUJAN SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) THIS is a petition under section 482 of the Code of Criminal Procedure, with a prayer for quashing of the charge framed by the Special Judge, Sangrur, against Sujan Singh and Harbhajan Singh petitioners for an alleged contravention of the provisions of clause 13.1(a) of the Fertilizer Control Order. 1957 (hereinafter referred to as the Control Order) punishable under section 7 of the Essential Commodities Act and quashing of the proceedings pending in that Court in that connection.

(2.) THE Chief Agricultural Officer, Sangrur, lodged First Information Report No. 154, dated June 14, 1983, at Police Station Sunam, District Sangrur, which has been reproduced in extenso in Para 1 of the petitioner. It is needless to reproduce the same again. The relevant allegations in the said report are however, these. Under Clause 13.1(a) of the Control Order, a person cannot offer or exhibit for sale fertilizer which is not of the prescribed standard. If a violation in this behalf is committed, both the manufacturer as well as the Fertilizer Dealer are responsible for the same. On March 4, 1983, the Fertilizer Inspector had drawn a sample of the fertilizer from the premises of a dealer i.e. Firm. M/s Sohan Singh Jaura of Sunam. The sample having been tested by the Laboratory at Ludhiana, was found to be sub-standard M/s. Sujan and Son industries Industrial Area, Phase II, Chandigarh, of which the two petitioners are the partners, is said to be the manufacture of the fertilizer sold by the dealer Firm mentioned above. The two petitioners are therefore, sought to be prosecuted for the alleged contravention of the Control Order.

(3.) IN view of what has been discussed above, the charge framed against the two petitioners in their personal capacity is unsustainable under the law and is, in fact, an abuse of the process of Court. The charge and the proceedings consequent thereto are, therefore, ordered to be quashed. Proceedings quashed.