JUDGMENT

1. The petitioners are sought to be prosecuted for the offence punishable under Ss. 19(a)(b) of Fertilizer (Inorganic, Organic, or Mixed)(Control) Order, 1985 (for short 'Control Order, 1985') and Ss. 3 and 7 of the Essential Commodities Act.

2. The respondent filed a private complaint under Sec. 200 of Cr.PC alleging that, a sample of fertilizer collected from the premises of accused No.1, who is the retailer, was sent to the Test Analyst as specified under Schedule-I of the Control Order, 1985. The Test Analyst, after examination, sent a report stating that, the sample of fertilizer collected from the premises of accused No.1 is of substandard. The accused No.2 is the Sales Executive of the manufacturer. The learned Magistrate, after perusing the complaint, took the cognizance of the aforesaid offences and issued summons. Hence, these petitions.

3. The learned counsel for the petitioners submits that the manufacture of the subject fertilizer having not been arraigned as an accused, the petitioner cannot be held vicarious guilty along with the manufacturer as specified under Sec. 10 of the Essential Commodities Act.

4. The learned High Court Government Pleader for the resp