RAJESH TIWARI Vs. STATE OF PUNJAB

JUDGEMENT

(1.) Present petition under Section 482 of Code of Criminal Procedure [Cr.P.C.] is for quashing of Complaint No.110 dated 5.5.2011 (Annexure P/1) filed under Sections 7 and 12AA of Essential Commodities Act, 1955 [for short, "the Act"] and the summoning order, dated 9.2.2012, [Annexure P/4] passed by learned Chief Judicial Magistrate, Hoshiarpur.

(2.) Facts relevant for the purpose of decision of this petition; that sample of fertilizer was taken from the shop of Pankaj Kumar, who is proprietor of M/s Handa Khad Store and that sample was found to be not in accordance with the specifications prescribed under the Act. Complaint, Annexure P/1 was filed against the dealer and present petitioner, Rajesh Tiwari who has been arrayed an accused being S.R.M. of M/s Indian Potash Limited.

(3.) Learned counsel for the petitioner contended that the present petition qua the petitioner is not maintainable as he is not involved in any offence in his capacity as such. The allegations in the complaint, Annexure P/1, are primarily against the dealer, who was selling and stocking the fertilizer, which was not according to the required specifications and present petitioner has been arrayed in his capacity as SRM of M/s Indian Potash Limited, being manufacturing company. However, the main plea taken by learned counsel for the petitioner is that the complaint [Annexure P/1] has not been filed against the company and in the absence of that, present petition qua the petitioner is legally not maintainable as per provisions of Section 10 of the Act. On this point, reliance was placed upon the two decisions of this Court in Suresh Kumar Kochhar and another v. State of Punjab, 2014(2) R.C.R. (Criminal) 206 and S.H.Chisty v. State of Haryana, 1997(2) R.C.R. (Criminal) 565.