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2021 Supreme(Kar) 383

MOHAMMAD NAWAZ
Mahadevappa S/o Shivappa Proprietor of Veerbhadreshwar Agro Agency – Appellant
Versus
State of Karnataka – Respondent


Advocate Appeared:
For the Appellant :Sri Avinash A. Uplaonkar & Sri Ravi K. Anoor, Advocates
For the Respondent: Sri Mallikarjun Sahukar, HCGP

ORDER :

The proceedings initiated against the petitioner in C.C.No.448/2021 (P.C.No.73/2021) on the file of Principal Civil Judge and JMFC, Shahapur, under Section 19(1) of Fertilizer Control Order, 1985 and Sections 3 and 7 of Essential Commodities Act, 1955 has been called in question in this petition.

2. The Assistant Agriculture Officer cum Fertilizer Inspector, Department of Agriculture, Shahapur filed a complaint before the Court of JMFC, Shahapur against accused No.1 namely, Senior Manager and Quality Control Officer, Greenstar Fertilizer Limited and accused No.2 namely, the petitioner, proprietor of Shri Veerabhadreshwara Agro Agency, Shahapur.

3. The gist of the complaint is that, complainant visited the shop of accused No.2 on 15.06.2020 and collected three samples of the fertilizer Diammonium Phosphate (DAP) which he was selling to the farmers, after following due procedure. Among the three samples, one sample was handed over to the owner of the fertilizer shop, second portion was sent to higher authority for keeping in safe custody and third sample marked as laboratory sample was sent to the Deputy Director of Agriculture, Fertilizer Control Laboratory, Belgaum. As per the

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