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2005 Supreme(P&H) 163

M.M.KUMAR
Madan Gopal Kashmiri Lal & Company – Appellant
Versus
State Of Punjab – Respondent


Judgment

M.M.Kumar, J.

1. This petition filed under 482 of the Code of Criminal Procedure, 1973 (for brevity, `Cr.P.C.) prays for quashing order dated 15.11.1995 passed by the Special Judge, Faridkot in connection with case FIR No. 84 dated 20.7.1989 registered under 7 of the Essential Commodities Act, 1955 (for brevity, `the Act) read with Clause 19(i)(a) of the Fertilizer Control Order, 1985 (for brevity, `the Order) at Police Station City, Malout, District Muktsar. By the aforementioned order, the petitioner-firm who was kept in column No. 2 has been summoned to face charges in the FIR because the learned Special Judge has found that Surinder Kumar partner of the firm was present at the time of raid. This fact has been revealed by Shri Rattan Singh, A.D.O., PW-2 when he had made a statement to the effect that when he raided the shop of firm M/s. Madan Lal Kashmiri Lal, Malout on 14.12.1988, the partner of the firm Surinder Kumar was present.

2. Brief facts of the case are that on 14.12.1988, the Fertilizer Inspector took two samples of DAP Fertilizer from the godown situated at Malout, District Muktsar belonging to the company. M/s. Madan Gopal Kashmiri Lal & Company, Malout (her












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