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2002 Supreme(P&H) 878

VINEY MITTAL
Deepak Kumar – Appellant
Versus
State Of Haryana – Respondent


Judgment

Viney Mittal, J.

1. The present petition has been filed by petitioner- Deepak Kumar under Section 482 of the Code of Criminal Procedure for quashing of the complaint dated September 27, 2000 filed under Section 7 of the Essential Commodities Act, 1955 read with clause 19(1) of Fertilizer Control Order, 1985 with all consequential proceedings arising therefrom qua the petitioner. A copy of the aforesaid complaint has been appended as Annexure P-1 with the petition.

2. As per the averments made in the complaint a Fertilizer Inspector visited the premises of M/s. Ram Dev Rajesh Kumar, who were dealing in fertilizers on June 24, 2000 and drew a sample of fertilizer manufactured by M/s. Parkash Agro Industries, Shahabad District Kurukshetra. On the subsequent analysis of the aforesaid sample, the same was found to be sub-standard, therefore, the complaint in question was filed by him on September 27, 2000 arraying the aforesaid dealers, the present petitioner Deepak Kumar and the manufacturing concern M/s. Parkash Agro Industries, as the accused in the complaint.

3. The petitioner has challenged the filing of the complaint against him and continuation thereof, on the ground that






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