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1988 Supreme(P&H) 85

UJAGAR SINGH
Sohan Singh – Appellant
Versus
State Of Punjab – Respondent


JudgmentJudgment

Ujagar Singh, J.

1. First Information Report No. 154 dated 14.6.1983 was registered against the petitioners under Section 7 of the Essential Commodities Act (briefly the Act) read with Clause 13.1(a) of the Fertilizer Control Order, 1957 as also against M/s Sujan Sons. Industrial Area Phase II, Chandigarh. The petitioners are dealers with registration certificate granted to them under the said order. Shri Rajinder Singh, Fertilizer Inspector took a sample on 4.3.1983 from the Depot/Store/Godown of M/s Sohan Singh Jaura & Co., Sunam strictly according to Schedule II of the aforesaid Order. Full opportunity of putting their own seal upon the sample was provided to the dealers in presence of Shri Gurcharan Singh Sekhon, Agriculture Inspector, Sunam. The sample was deposited in the office of the Chief Agricultural Officer, Sangrur by Shri Rajinder Singh and sent to Fertilizer Testing Laboratory, Ludhiana for analysis. The sample was analysed and its report is as under :-

"Sample No. 1 : Name of Fertilizer Zinc Sulphate 21% specification according to Scheme of FCO 1957 Zinc content per cent by weight maximum 21.0 permissible limits for variation 0.2"....

The sample, on a






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