SEWA RAM Vs. STATE OF HARYANA

JUDGEMENT

(1.) THIS petition under Section 482 of the Code of Criminal Procedure, 1983 (hereinafter referred to as 'the Act') relates to quashment of complaint under Section 7/13 of the Essential Commodities Act read with Section 19(1)(a) of the Fertilizer (Control) Order, 1985, filed by the State of Haryana through Shri Braham Singh, Quality Control Inspector (Fertilizer Inspector), in the office of the Deputy Director of Agriculture (I.A.D.P.) Kurukshetra, as also the subsequent proceedings taken thereunder, and framing of the charge against the petitioners by the Special Judge, Kurukshetra.

(2.) ACCORDING to the allegations in the complaint, Shri Om Singh, Quality Control Inspector, Kurukshetra, took sample of Chelated Zine (ZNEDTA fertilizer) from the stock of the firm M/s. Ramesh Lal and Company, Pipli, of which the present petitioners are partners, and look after the work of the said firm of selling the fertilizer. The sample was drawn and dividend in three parts. All the parts of the sample were duly sealed. One part of the sample was given to Tilak Raj. The sample was sent for analysis to the State Quality Control Laboratory, Karnal, which was declared to be of 'non-standard', as per report of the Analytical Chemist Copy thereof was sent to the said firm. Reply was sent by the firm to the Deputy Director (Agriculture), Kurukshetra, which was not found to be satisfactory. It was also alleged that the said firm actually purchased the fertilizer from M/s. Sehgal Brothers, Subhash Mandi, Kurukshetra, for sale vide bill No. 9655 dated 6th June, 1987. M.S. Sheshadri, General Manager (Production), Aries Agro-West Industries Private Limited, Bombay, was impleaded as an accused, as he was responsible for the manufacture of non-standard fertilizer.

(3.) COUNSEL for the parties were heard.