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2004 Supreme(Raj) 1558

SUNIL KUMAR GARG
T. Stanes & Company Ltd. – Appellant
Versus
The State of Rajasthan – Respondent


Advocates:
For the Petitioner:C.S. Kotwani, Advocate.
For the Parties: D.D. Kalla, Public Prosecutor.

JUDGMENT

1. - This misc. petition under Section 482 Cr.P.C. has been filed by the petitioner on 8.1.2004 with a prayer that the Order dated 31.01.2003 passed by the learned Chief Judicial Magistrate, Bikaner in Criminal Complaint No. 46/2003 (State of Rajasthan v. M/s. Goutam Fertilizer & Ors.) by which the learned Chief Judicial Magistrate took cognizance against the accused petitioner under Clause 19(B) and 35/1 of the Fertilizer (Control) Order, 1985 (hereinafter referred as to "the Order. 1985") read with Section 3/7 and 9 of the Essential Commodities Act, 1955, be quashed and set aside and proceedings taken against the petitioner on the basis of that complaint be dropped qua the petitioner.

2. It arises in the following circumstances:

(i) That the Assistant Director, Agriculture Department, Bikaner visited M/s. Goutam Fertilizer, Nokha Mandi as well as M/s. Agrasen Agro Sales Corporation, Bikaner and took the samples of micro nutrient manufactured by the petitioner firm and sent the same for analysis to the laboratory situated at Jodhpur and who in turn declared the micro nutrient as being sub-standard and thereafter the Assistant Director (Agriculture) designated as Fertilize














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