RAVINDER KUMAR Vs. STATE OF PUNJAB

JUDGEMENT

(1.) PETITIONER is seeking quashment of FIR No. 61 dated 9.4.1988 Police Station Dirba District Sangrur registered vide D.D.R. No. 18 dated 9.4.1988.

(2.) BRIEF facts of the case are that Khetla Co-operative Agricultural Service Society wherein petitioner-Ravinder Kumar is working as a Cashier-cum-Salesman was inspected by Shri Bhag Singh, Agricultural Inspector. On 11.7.1985 he took sample of D.A.P. fertilizer from machine stitched bags bearing marking of IFFCO, the manufacturer. The sample was drawn in polythene papers. It was sent to Fertilizer Testing Laboratory, Ludhiana. As per the Analyst report, the sample was not according to specifications and was found sub-standard. Thus, complaint, Annexure P-1, was filed against the petitioner under Clause 19(1)(a) of the Fertilizers Control Order, 1985 read with Section 12-A of the Essential Commodities Act, 1955.

(3.) ALL these averments are denied by the respondent in its reply. The respondent has specifically pleaded that the petitioner-society is a dealer in fertilizers and Dealer's registration No. 53/179 dated 9.9.1981 which is renewed upto 31.3.1990 is granted to the said society. The said society is dealing in D.A.P. fertilizers. It gives this fertilizer to its members either on credit or on marginal profit basis; therefore, it amounts to sale. The sample was drawn in thick gauged polythene bag, which is in accordance with Schedule II provision of A(1)(e) of the said Control Order. It is also denied that since the sample was drawn from machine stitched bags, the petitioner is not liable if it is found to be substandard. The respondent also denied that on account of delayed filing of the FIR, it is liable to be quashed.