JUDGMENT

M.L. Singhal, J. - This is criminal misc. petition filed by M.N. Jawahar, Joint General Manager (D&T) now working as General Manager (Distribution and Imports) of M/s Southern Petrochemical Industries Corporation Limited, 97 Mount Road, Madras, under Section 482 of the Code of Criminal Procedure read with Article 227 of the Constitution of India whereby he has prayed for the quashing of the complaint Annexure P-1 filed under Section 7 of the Essential Commodities Act (hereinafter to be referred as the Act) read with clause 19(1)(a) of the Fertilizer Control Order against him.

2. Facts which have given rise to this petition under Section 482 of the Code of Criminal Procedure read with Article 227 of the Constitution of India are as under :-

3. On 13.12.1994 Ashok Kumar, Fertilizer Inspector Hoshiarpur accompanied by Jasbir Singh Parmar, Agricultural Development Officer visited the premises of M/s Tember Fertilizers and Pesticides, New Grain Market, Hoshiarpur. At that time, Jasbir Singh who is retailer of fertilizer Dia-ammonium phosphate 18:46 was present in the said business premises. Stock of 212 bags each weighing 50 Kgs. of Dia-ammonium phosphate 18:46 SPIC Brand was ly