CHITTARI AGRICARE PVT. LTD. Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) The instant misc. petition has been preferred by the petitioner M/s. Chittari Agricare Pvt. Ltd. through its Area Sales Manager for quashing of the summoning order dated 6.2.2006 and the entire proceedings of Cr. Complaint Case No. 50/2006 "State v. Vikram Singh & Ors." pending in the court of the learned Additional Chief Judicial Magistrate, Merta City for the offence under Section 7 of the Essential Commodities Act read with Clause 19 of the Fertilizer Control Order.

(2.) The petitioner firm is involved in the production and marketing of various kinds of fertilizers etc. On 4.1.2005 the respondent Fertilizer Inspector, Jodhpur drew a sample of micro-nutrient mixed fertilizer bearing batch No. 13 manufactured by the petitioner firm from its dealer M/s. Veer Teja Agro Agency, Merta Road, Nagaur. One part of the sample was forwarded to the State Fertilizer Quality Control Laboratory, Jodhpur and was found not conforming to standards upon analysis. The laboratory forwarded its analysis report dated 27.1.2005 to the Inspector with the aforesaid conclusion. A show cause notice was served on the petitioner firm by the office of Joint Director of Agriculture, Jodhpur intimating it of the aforesaid analysis report. The petitioner firm submitted its reply to the show cause notice.

(3.) Thereafter, a referral part of the sample was sent for re-analysis to the Fertilizer Testing Laboratory, Warangal, Andhra Pradesh and as per its analysis report dated 24.12.2005, the second part of the sample was also found to be non-standard. The Inspector thereafter instituted the complaint in question in the court of learned Additional Chief Judicial Magistrate, Merta City on 6.2.2006. The learned trial Court vide order dated 6.2.2006 issued process against the persons arrayed as accused in the complaint.