P.S.NARAYANA
Godavari Fertilizers and Chemicals Ltd. , Nellore Region rep. by Uppalapu Veera Venkata Satyanarayana Raju – Appellant
Versus
State of A. P. , rep. by the Assistant Director of Agriculture (Regular), Parachur – Respondent
JUDGMENT
P.S. Narayana, J.— The Criminal Appeal No. 607 of 1997 is filed by A-l and A-2 and Criminal Appeal No. 597 of 1997 is filed by A-3, as against the judgment in STC No. 1 of 1996, dated 09-06-1997, on the file of Sessions Judge, Prakasam Division, Ongole.
2. The Assistant Director of Agriculture (Regular), Parchur filed complaint against three accused under Sections 7 and 8 of the Essential Commodities Act, 1955, (hereinafter referred to as ‘Act’ for short, for the purpose of convenience) for the contravention of clause 19(1) (a) (c) (ii) (iii) of Fertilizers Control Orders, 1985, [hereinafter referred to as ‘Orders’ for short, for’ the purpose of convenience,] making allegations as specified infra.
3. The first accused is the Dealer in fertilizer business under the name and style of ‘M/s. Maruthi Agencies’, Inkollu; A-2 is the manufacturer and A-3 is the Distributor of Zinc Sulphate 21%. It is the case of the prosecution that the Agricultural Officer, Inkollu, visited the shop of A-l on 10-11-1988 and had drawn zinc sulphate 21% sample duly following the procedure laid down in Schedule II of the ‘Orders’. The stock position at the time of drawal of sample was 350 Kgs. p
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