S.H. CHISTY Vs. STATE OF HARYANA

JUDGEMENT

(1.) S.H. Chisty, styling himself as Deputy General Manager (Works) of M/s Khaitan Fertilizers, resident of Rampur (UP) has filed the present petition under Section 482 Cr.P.C. against the State of Haryana praying for the quashment of complaint under Section 7 of the Essential Commodities Act, 1955 read with the provisions of Fertilizer (Control) Order, 1985 and the summoning order Annexure P-2 and all consequential proceedings.

(2.) THE facts of the case can be described in a narrow compass. The Govt. of Haryana through Shri O.P. Phogat, Quality Control Inspector, Jind filed a criminal complaint under clause 19(1)(a) of Fertilizer (Control) Order 1985 against Satpal Aggarwal (also) and S.H. Chisty, the present petitioner. A sample of Single Super Phosphate 16 per cent was taken from the premises of the dealer M/s Aggarwal Trading Co. Mal Godam Road, Narwana and it was found to the sub-standard. On the basis of the report of incharge, Fertilizer Quality Control Lab. Karnal, Satpal Aggarwal and the present petitioner S.H. Chisty were prosecuted under Clause 19(1)(a) of the Fertilizer (Control) Order. On the basis of the complaint, the learned Special Judge, summoned the present petitioner to face the prosecution. Aggrieved by the complaint as well as the summoning order, the present petition.

(3.) CLAUSE 24 of the Fertilizer (Control) Order 1985 lays down that "Every manufacturing organisation and pool handling agency shall appoint in that organisation and in consultation with the Central Government, an office, who shall be responsible for compliance with the provision of this order.