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AMARJOT BHATTI
API Crop Science Ltd. – Appellant
Versus
State of Punjab – Respondent
JUDGMENT :
Mr. Amarjot Bhatti, J.:- Petitioners M/s API Crop Science Limited through its Regional Manager Hanuman Dutt and Hanuman Dutt in his personal capacity as Regional Manager filed petition under Section 482 Cr.P.C. for quashing of complaint No. COMA-153 of 2019 dated 25.11.2019 titled “State of Punjab through Chief Agriculture Officer, Ferozepur vs. M/s Sidhu Pesticide and others”, under Section 19 (a) (c) (v) of Fertilizer (Control) Order, 1985 and Section 7 of Essential Commodities Act, 1955 read with Section 12 AA of Essential Commodities Act, 1955 (Annexure P-1) pending in the Court of learned Chief Judicial Magistrate, Ferozepur and summoning order dated 25.11.2019 passed by learned Chief Judicial Magistrate, Ferozepur vide which petitioners along with co-accused have been summoned under Section 19 (a) (c) (v) of Fertilizer (Control) Order, 1985 and Section 7 of Essential Commodities Act, 1955 read with Section 12 AA of Essential Commodities Act, 1955 (Annexure P-2) and further to stay the proceedings qua petitioners pending in aforesaid Court.
2. Brief facts of the case are State of Punjab through Chief Agriculture Officer, Ferozepur filed complaint under Section 19 (a)
Liability for sub-standard fertilizer lies with the manufacturer, not the marketing company, especially when samples are taken from sealed packets.
The main legal point established in the judgment is that the non-compliance with the mandatory provisions of the sampling procedure as prescribed in Schedule II of the Fertiliser (Control) Order, 198....
The main legal point established in the judgment is the importance of detailed documentation of the procedure followed in drawing samples of fertilizers to ensure compliance with the law and maintain....
the absence of any material to show that petitioner is responsible for the quality of fertilizers seized, the proceedings now initiated against the petitioner is nothing but an abuse of process of la....
The cancellation of a Letter of Authorization under the Fertilizer Control Order requires substantiated evidence, and disregarding laboratory test results violates procedural fairness and relevant le....
Point of Law : Court deems it appropriate to quash proceedings against the Petitioner as the inspection and seizure are in violation of the clauses of Fertilizer (Control) Order, 1985.
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