The main legal point established is that liability under the Fertilizer Control Order and Essential Commodities Act requires evidence of responsibility for the production of the non-standard fertilizer at the time of seizure.

R.S.Madan, J.

1. This order of mine shall dispose of all the four criminal misc. petitions bearing Nos. 21302, 31217, 31215 and 4373-M of 2005, fully described above, as in all these petitions common question of law and facts are involved.

2. In all these petition, the petitioners by way of filing the instant Criminal Misc. Petitions under Section 482 of the Code of Criminal Procedure have crave the indulgence of this Court for quashing the complaints dated 21.12.1999 and 6.10.1994 (Annexure P-1 in all the petitions) filed under Section 19(i)(a) of the Fertilizer Control Order, 1985 read with Section 7 of the Essential Commodities Act, 1955, and read with Section 12(aa) of the Essential Commodities Act, 1995, pending in the courts at Moga and Faridkot exercising the powers of Special Judge, and the summoning orders dated 5.3.2003 and 25.2.2005 (Annexure P-2 in all the petitions) respectively.

3. In brief, the facts of the case bearing No. 21302-M of 2005 are that on 28.5.1998 Shri Kuldeep Singh, Fertilizer Inspector along with Harbans Singh, Agricultural Sub Inspector, Faridkot visited.the shop of M/s. Guru Nanak Khad Store and found Shri Narinder Kumar, Partner of the firm present at that time. After disclosing his identity and the purpose of visit to Shri Narinder Kumar, checked the record and found 541 bags (each 50 Kgs. Packing) bearing lot No.l37-D-18 of Single Super Phosphate 16% in stock, which were duly machine stitched. He prepared the requisite forms J, K and F at the spot. He tried to associate with him one of the customer from those who were present at the shop but none of them was willing to join as a witness. He then joined Harbans Singh, Agri. Sub Inspector as a witness and took his signatures on form J. He then selected five bags from the stock of 541 bags, according to the table provided in Schedule II-2(i)(c) of Fertilizer Control Order, 1985. The selected bags were 100th, 200th, 300th, 400th and 500th. From all the selected bags, he drew samples by inserting clean and dry sampling probe (made of brass) diagonally in the bags and took 300 grams sample on dry and clean polythene sheet from each bag. Weighing about 1500 grams composite sample was also drawn from the five bags, was mixed with dry and clean wooden rod to make composite sample as homogeneous. The so collected composite sample was then spread out on clean hard surface and divided into three equal portions of about 400 grams each, which constitute the test samples. After completing all other requisite formalities, one sealed sample and form J was handed over to Shri Narinder Kumar, at the spot and the other portions of the samples along with forms J and K were deposited in the office of Agricultural Development Officer on 16.1998. Who retained one sample in store and the third sample was deposited in the Fertilizer Testing Laboratory, Ludhiana on 2.6.1998 with form "K", by Shri Dayal Singh, Beldar, Faridkot against proper receipt.

4. The expert after analysing the sample declared it non-standard as only 11.47% phosphorous contents were found instead of 16%. Copy of the analyst report along with show cause were served upon the dealer, distributor and manufacturer. A copy of the report was also sent to the Court concerned for placing the same on the record of the case. Thus, there was violation of Section 19(a)(c)(v) of the Fertilizer Control Order, 1985. It is alleged that Shri Naiter Singh, being Production Manager was also responsible for manufacturing and selling the non-standard fertilizer.

5. Whereas in all the three other Criminal Misc. petitions, the samples of Single Super Phosphate 16% were drawn by Shri Rachpal Singh, Agricultural Development Officer, on 23.8.1993 from the shop of M/s. Rajiana Kheti Store, Baghapurana. After complying with all the requisite formalities he took the samples after making the same homogeneous, handed over one sample with form J at the spot, retain one sample in the office and the third sample was sent t