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2014 Supreme(Raj) 2103

SANDEEP MEHTA
Chittari Agricare Pvt. Ltd. – Appellant
Versus
State of Rajasthan – Respondent


Advocates:
For the Petitioner:Mr. Rakesh Verma, Advocate.
For the State: Mr. Vikram Singh, P.P.

JUDGMENT :

1. The instant misc. petition has been preferred by the petitioner M/s. Chittari Agricare Pvt. Ltd. through its Area Sales Manager for quashing of the summoning order dated 6.2.2006 and the entire proceedings of Cr. Complaint Case No. 50/2006 "State v. Vikram Singh & Ors." pending in the court of the learned Additional Chief Judicial Magistrate, Merta City for the offence under Section 7 of the Essential Commodities Act read with Clause 19 of the Fertilizer Control Order.

2. The petitioner firm is involved in the production and marketing of various kinds of fertilizers etc. On 4.1.2005 the respondent Fertilizer Inspector, Jodhpur drew a sample of micro-nutrient mixed fertilizer bearing batch No. 13 manufactured by the petitioner firm from its dealer M/s. Veer Teja Agro Agency, Merta Road, Nagaur. One part of the sample was forwarded to the State Fertilizer Quality Control Laboratory, Jodhpur and was found not conforming to standards upon analysis. The laboratory forwarded its analysis report dated 27.1.2005 to the Inspector with the aforesaid conclusion. A show cause notice was served on the petitioner firm by the office of Joint Director of Agriculture, Jodhpur intimati











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