STATE OF PUNJAB Vs. RAVINDER KUMAR AND BROS

JUDGEMENT

(1.) THIS application has been filed by the state of Punjab against acquittal of respondents of the charges under Clause 19 (1) (a) of Fertilizer (Control) Order, 1985 (for short, "the 1985 Order")read with Sections 7 and 12aa of Essential Commodities Act, 1955.

(2.) THE State through Chief Agricultural Officer, Gurdaspur filed a complaint alleging that respondent No. 1 was a dealer registered under the provisions of the 1985 Order for sale of fertilizer. Respondent No. 1 was dealing with fertilizer manufactured by respondent No. 3, respondent No. 2 is the proprietor of respondent No. 1 and respondent No. 4 is the Production manager of respondent No. 3.

(3.) ON 27. 11. 1997, Block Agricultural Officer, Gurdaspur inspected the premises of respondent No. l and took the sample of fertilizer. On analysis, the same was declared to be non-standard vide report Exh. PH. The accused denied the prosecution allegations.