RAJINDER SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) THESE are 17 petitions bearing Nos. 13094, 13096-M, 12342-M, 12344-M, 12346-M, 12348-M, 12350-M, 12352-M, 12354-M, 12356-M, 12358-M, 12360-M, 12362-M, 12364-M, 12366-M, 12368-M and 12370-M of 1998. All the petitions except petition No. 12344-M of 1998 have been filed under Section 482 Cr.P.C. read with Article 227 of the Constitution of India for quashing the complaints made in each case against the officers/officials of M/s. Shivalik Fertilizer Limited, SCO 457-58, Sector 35-C, Chandigarh and M/s Munak Chemicals Limited SCO No. 1-2, Sector 26, Madhya Marg, Chandigarh under Section 7 of the Essential Commodities Act, 1955, read with clause 19(i)(a) of the Fertilizer Control Order, 1985 and all subsequent proceedings arising therefrom. It may be mentioned that Crl. M. No. 12344-M of 1998 has been filed for quashing of FIR No. 62 dated 21.6.1994 registered at Police Station, Haryana, Distt. Hoshiarpur under Section 7 of the Essential Commodities Act, 1955 and clause 19(i)(a) of the Fertilizer Control Order, 1985.

(2.) IN all these petitions common question of law and fact arise for consideration, therefore, all these petitions shall be disposed of by a common judgment. Facts are being taken from Crl. M. No. 13096-M of 1998.

(3.) FERTILIZER has been declared as essential commodity vide Govt. of India Notification SR 1048 dated 29th March, 1957. Malkiat Singh Field Officer-cum- Incharge, Ajit Singh, Khushal Singh Field Assistants are officers of the MARKFED Branch, Machhiwara and Shri Rajinder Singh, Production Manager is the person responsible under clause 24 of the Fertilizer Control Order, 1985, of M/s Shivalik Fertilizers Ltd., Railmajra. Machhiwara Branch of the Punjab State Cooperative Supply and Marketing Federation Limited (for short MARKFED) is in sale of fertilizers and is holding Dealer Registration Certificate No. 23/325 for the sale of wholesale fertilizers. Shri Jarnail Singh, Agricultural Inspector, Machhiwara notified as Fertilizer Inspector, is empowered to have the jurisdiction in his area for the purpose of the said Control Order. He is empowered to draw the samples of fertilizers. On 19.11.1990. Jarnail Singh Inspector along with Nirmal Singh Agricultural Sub Inspector, Machhiwara visited the MARKFED Branch Machhiwara. He took sample of single super phosphate 16% (Granular) "Basant Brand" manufactured by M/s Shivalik Fertilizers Ltd., Railmajra exercising his powers under clause 28(1)(b) of the Fertilizer Control Order, 1985. The sample was drawn strictly in accordance with the procedure prescribed in Schedule II of the said Control Order 1985. Shri Malikat Singh Field Officer Incharge, Ajit Singh and Shri Khushal singh, Field Assistants, MARKFED Branch Machhiwara, who were incharge of the sale of fertilizers in the Branch were present at the time of taking of sample. Seizure memo in Form "J" was prepared in the presence of Malkiat Singh, Ajit and Khushal Singh. The sample was taken out of 43 ton 5 Qtls lot single super phosphate 16% which was in balance at that time. This sample was taken with the use of sampling probe and fertilizer was taken out from the selective bags at random and was thoroughly mixed and test sample was prepared. It was constituted into three equal portions of about 400 gms each. Each test sample portion was put into thick polythene gauge envelope and then putting each sample portion into dry empty cloth bag along with detailed description i.e. on form "J" duly signed by Malkiat Singh, Ajit Singh and Khusal Singh. These three test sample were made airtight then tied properly and identification marks Code No. 10 etc. were written on the sampling bags and these samples were sealed with the brass seal of Fertilizer Inspector bearing Mark (F1). The Branch officials had not put the seal as they did not possess the brass seal to affix on the samples. Two "K" forms were also filled in their presence. One out of three samples was handed over to the Branch Incharge of Machhiwara at the spot. Second sample was deposited with the Fertilizer Quality Control Laboratory, Ludhiana for analysis along with form "K" vide letter No. 6-93 dated 20.11.1990 to the Analytical Chemist. That sample was received by Shri Gurnam Singh Fertilizer Inspector, working in the Fertilizer Quality Control Lab, Ludhiana and the third sample was deposited in the office of Chief Agricultural Officer, Ludhiana with A.I. (E) Ludhiana being reference sample. The Analytical Chemist found the sample non- standard vide his report AR No. 4074 dated 31.12.1990 received in the office of Chief Agricultural Officer on 3.1.1991. It is alleged that the accused violated the provisions of clause 19(i)(e) of the Fertilizer Control Order 1985 by selling and stocking of this non-standard fertilizer. This non- standard fertilizer was manufactured and distributed by M/s Shivalik Fertilizer Limited, Railmajra and Shri Rajinder Singh, Production Manager of the Company who was appointed as the person responsible under clause 24 of the above said order by the company also violated clause 19(i)(e) of the Control Order 1985 by manufacturing and distributing non-standard fertilizer.