Only the officer appointed under Clause 24 of the Fertilizer Control Order, 1985, is liable to be prosecuted for any violation of the provisions of the Order.

Nirmaljit Kaur, J.

1. This is a petition under Section 482 Cr.P.C seeking quashing of FIR No.184 dated 19.10.2002 under Section 420 IPC, Section 7 EC Act and Section 19 of Fertilizer Control Order, 1985, P S Qadian, Police District Batala, District Gurdaspur and all the subsequent proceedings arising out of the same.

2. While praying for quashing of the said FIR, learned counsel for the petitioner contended that as per Clause 24 of the Fertilizer Control Order, 1985 (hereinafter to be referred as 'FCO, 1985'), every manufacturing organization is required to appoint an officer in consultation with the Central Government, who shall be responsible for the compliance of the provisions of the FCO,1985. The Government of India, Ministry of Agriculture, vide its letter dated 01.08.1997 had directed all the Enforcement Officers to file cases against the officers designated under Clause 24 of the FCO,1985 in the event of any offence having been committed and not against anybody else who is not designated for the purpose.

3. In the present case, M/s Oswal Chemicals and Fertilizers Limited (hereinafter to be referred as 'the Company') appointed one Vishnu Prasad, who was working as Manager Technical Services as the said responsible officer in compliance with the provisions of Clause 24 of the FCO, 1985. Information to the said effect was also sent to the Director of Agriculture, vide letter dated 20.01.2000 (P3). The said Vishnu Prasad, has also filed his affidavit, stating therein that he was solely responsible for the quality control of the product under Clause 24 of the FCO, 1985. In spite of the same, the present petitioner who is only an employee of the company and not the officer designated as per Clause of 24 of the FCO, 1985 has been proceeded against in total violation of the said provision of the FCO, 1985.

4. Reply has been filed by the State. It is contended by the learned State counsel that the petitioner was fully responsible for the compliance of Clause 24 of the FCO, 1985 and for the quality of the product manufactured by the Company and submitted that the said fact was evident from the reply filed by the DSP, Qadian, Police District Batala dated 13/23.08.2010 as well as from the letter dated 24.01.2002 (R1) which shows that the petitioner was responsible for the deficiency in the quality supplied by the Company. Moreover, R-1 was written by the petitioner himself to the Director of Agriculture, Government of Punjab, Chandigarh, acknowledging that he was responsible for the deficiency in the quality of DAP supplied to Punjab Agro Industries Corporation.

5. Heard.

6. Clause 24 of the FCO, 1985 reads as under:-

“24. Manufacturers/Pool handling agencies to appoint officers responsible with compliance of the order. Every Manufacturing organization, importer and pool handling agency shall appoint in that organization and in consultation with the Central Government, an officer, who shall be responsible for compliance with the provisions of this order.”

7. After hearing the learned counsel for the parties and having gone through the written statement as well as the provisions of law, it emerges that the following facts are not disputed:-

a) That in compliance with Clause 24 of the FCO, 1985, every manufacturer is required to appoint an Officer who shall be responsible for any defect in quality of Fertilizer manufactured by that Company and also for complaisance with the other provisions of FCO, 1985;

b) That in terms of Clause 24 of the FCO, 1985, Government of India, Ministry of Agriculture has issued a letter dated 01.08.1997 to the Secretary, Agriculture of all States and UTs directing the enforcement Officers to file cases against officers designated under Clause 24 of the FCO in the event of any offence is committed and not against anybody else who is not designated for the purpose;

c) That the main accused Vishnu Prasad was working in the Company as Manager Technical Services. In compliance with Clause 24 of the FCO