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2003 Supreme(P&H) 771

ASHUTOSH MOHUNTA
Diwan Chand – Appellant
Versus
State of Punjab – Respondent


Advocates Appeared:
For the Petitioner:Shri Dinesh Goyal, Advocate.
For the Respondents: Shri J.S. Bedi, DAG, Punjab.


JUDGMENT

Ashutosh Mohunta, J. - The present petition has been filed under Section 482 of Criminal Procedure Code for quashing of challan in FIR No. 97, dated 20.8.1997 registered at Police Station Rampura, Distt. Bathinda, Annexure P-1, under Section 7 of the Essential Commodities Act read with Clause 19(1)(a) of the Fertilizer Control Order, 1985.

2. Briefly, the case of the prosecution is that the Fertilizer Inspector drew the sample of Dia-ammonium fertilizer 18 : 46 from the premises of a dealer firm namely M/s Punjab State Ware Housing Corporation, Rampura on 22.9.1994. The sample was sent to the Fertilizer Quality Control Laboratory, Faridkot for analysing and it was found that it did not conform to the prescribed standards. Accordingly a written complaint was filed by the Chief Agriculture Officer, Bathinda before the S.S.P. for registration of an F.I.R. against the petitioner. On the basis of the complaint, the police registered the present F.I.R. against the petitioner as he was an employee of the manufacturing company. The perusal of the F.I.R. shows that the petitioner was the Chief Manager Production, IFFCO, Kandla (Gujarat) and had been declared as a responsible person






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