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1994 Supreme(Mad) 213

PRATAP SINGH
K. P. Srinivasan – Appellant
Versus
K. Babu – Respondent


Advocates:
S.B.S. Raman, for Petitioner. E. Raja, Government Advocate (Crl.Side), for Respondents.

Judgment :

The second accused in S.T.C.Nos. 102 of 1991 and 103 of 1991 on the file of the Special Judge, Essential Commodities Act, Madras, has filed these petitions under Sec. 482, Crl.P.C. praying to call for the records in the above cases and quash the same.

2. Short facts are: The respondents in both the Criminal Original Petitions (Crl.O.P.Nos.625 and 626 of 1992) have filed complaints against the Fertilizers and Chemicals Travancore Limited and the petitioners in both the cases, who is the Deputy General Manager (Operations) FACT Limited, Trichy, arraying them as accused 1 and 2 for offences punishable under Sec.19(1)(a) and (b) of the Fertilizer Control Order, 1985 read with Sec. 7(i)(a)(ii) of the Essential Commodities Act, 1955. The allegations in the complaints are briefly as follows: A.1 is the manufacturing firm which manufactured Factumphos 20-20-0 complex. A-2 is the Deputy General Manager (Operations), who is incharge and responsible for conducting the business of the firm. The then Agricultural Officer inspected the dealer shop of M/ s.P.K. Subramaniam on 4. 90. He found 3.600 M.T. of Factumphos 20.20-0 complex in his shop and verified the stocks. He revealed his in
















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