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1986 Supreme(Raj) 587

V.S.DAVE
Chandra Prakash – Appellant
Versus
State Of Rajasthan – Respondent


Advocates:
For the Petitioners:K.K. Mehrish, Advocate.
For the Prosecutor:G.C. Chatterjee, Advocate.

JUDGMENT

1. - This application under Section 482 Cr.PC has been directed against the order, dated April 13, 1985, passed by Special Judge (E.C. Act) Rajasthan, Jaipur, whereby he took cognizance against the petitioners for offence under Section 3/7 of the Essential Commodities Act, 1955 for violation of Clause 13(a) of the Fertilizer Control Order, 1957.

2. Brief facts giving rise to this case are that the Assistant Director, Agriculture (Quality Control), Kota had filed a report at Police Station, Kaithoon on February 17,1984, wherein he alleged that he had visited the Sale Centre of M/s Ambika Enterprises, Bus Stand, Kaithoon on December 4, 1983 and had taken the sample of Single Super Phosphate 16% and NPK 12 : 32 : 16 of Jeevan Fertilisers Company Ltd. It was mentioned that the firm obtained 20 bags of Fertilisers of which 19 bags had been sold and one duly stitched by machine was lying in the shop. Three samples were obtained and were sent for analysis to the Public Analyst who after analysis reported the sample to be sub-standard. Other allegations were also levelled against the petitioners which are not mentioned since they are not relevant for the disposal of this case. Suff















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