HARI KRISHAN Vs. STATE OF PUNJAB

JUDGEMENT

(1.) ACCUSED -appellant Hari Krishan was slapped with sentence of rigorous imprisonment for one year and fine of Rs. 1,000/-, for keeping in his possession Dia-ammonium Phosphate [DAP (PPL)], a sub-standard fertilizer, vide judgment dated 27.9.1996 passed by Special Judge, Ferozepur.

(2.) ON 6.11.1991, Sucha Singh Fertilizer Inspector accompanied by Davinder Kumar, Junior Technician and Rajinder Kumar, Beldar raided the shop of Hari Krishan, and he found 52 bags of fertilizer known as DAP (PPL) lying in the shop. 2 kg of fertilizer from each bag was taken out as sample, which was spread over a piece of paper and after mixing and stirring the same homogeneously, it was divided into three equal parts. Each part was transferred into a polythene bag and was wrapped in a cloth air tight bag separately. Form 'J' was prepared and four copies of seizure memo were prepared and one copy of it was put in each bag. However, Hari Krishan- appellant and Karam Chand, his servant declined to sign the seizure memo. Each part of the sample was sealed with the seal of Fertilizer Inspector bearing impression 'FI-AGR-FZR'. One sample was handed over to Karam Chand, while two parts of sample were handed over to Resham Singh, Agriculture Development Officer, Ferozepur by Sucha Singh, Fertilizer Inspector. In turn, Resham Singh sent the sample to the Fertilizer Quality Control Laboratory, Punjab, Ludhiana on 8.11.1991, wherefrom report Ex. PG was received, stating that the sample did not meet the standard as prescribed in the Fertilizer Control Order, 1985. The matter was referred to the Senior Superintendent of Police, Frozepur, vide letter Ex. PD, on the basis of which First Information Report was registered on 10.2.1993.

(3.) ON completion of investigation, report under Section 173 of the Code of Criminal Procedure (hereafter referred to as Cr.P.C.) was submitted to the Court.