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PUNJAB AND HARYANA HIGH COURT AT CHANDIGARH
JASJIT SINGH BEDI
Bhupinder Garg – Appellant
Versus
State Of Punjab – Respondent
JUDGMENT :
Jas Jit Singh Bedi, J.
The prayer in the present petition under Section 482 Cr.P.C. is for quashing of the Complaint Case No.14 dated 22.03.2018 (Annexure P-1) titled as 'State Vs. M/s Punjab Seeds Company & others'" registered under Section 19(a)(c)(v) of the Fertilizer (Control) Order, 1985 punishable under Section 7 of the Essential Commodities Act, 1955 read with Section 12AA of the Essential Commodities Act, 1955, the summoning order dated 07.04.2018 (Annexure P-2) and all subsequent proceedings arising therefrom.2. The brief facts of the case are that Surinder Kumar, Fertilizer Inspector, Gidderbaha along with Bikkar Singh, Asstt. Cotton Extension Officer, Gidderbaha on 28.07.2016 checked the fertilizer stock register of the M/s Punjab Seeds Company, Near Punjab and Sind Bank Gidderbaha, District Sri Muktsar Sahib and found that 1 kg x 20 bags (20 Kgs) of Potassium Nitrate 13:0:45 fertilizer was lying in balance in the said premises on 28.07.2016. The samples of the same were taken for the purposes of a quality check. The same were sent for analysis and as per the report of the Fertilizer Testing Laboratory, Faridkot, the sample test result showed Nitrogen contents t
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 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....
Order taking cognizance of offence must show application of mind by Magistrate.
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