Advocates:
Advocate Appeared:
For the Appellant :Mr. Rakesh Verma, Advocate with Mr. Manish Verma, Advocate
For the Respondent: Mr. Baljinder Singh, Asstt. A.G., Punjab

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 to be 10.08% as against 13.00% and thus, the analysis report showed that the sample was not according to the specifications and had failed in Nitrogen contents. A show cause notice dated 22.09.2016 was served by the Fertilizer Inspector, Gidderbaha to M/s Punjab Seeds Company, Near Punjab and Sind Bank, Gidderbaha, Sri Muktsar Sahib (petitioner No.2) and to its proprietor Mr. Bhupinder Garg (petitioner No.l) for violation of Clause 19(a) of the Fertilizer (Control) Order, 1985 and a copy of the analysis report was also supplied. Show cause notice was also sent to the distributor/stockist i.e. M/s Jindal Agencies, Gidderbaha, Sri Muktsar Sahib dated 28.10.2016 and reply was submitted by M/s Punjab Seeds Company, Near Punjab and Sind Bank, Gidderbaha, Sri Muktsar Sahib on 19.10.2016. The Fertilizer Inspector, Gidderbaha, Sri Muktsar Sahib also called upon the dealer firm to appear personally and to explain the matter regarding failure of the sample. The dealer availed the opportunity for re-analysis of the sample provided to him under Clause 32-A of Fertilizer (Control) Order, 1985. The same was sent to the Fertilizer Quality Control Laboratoiy Assam, Ulubari, Guwahati. The sample result showed nitrogen percentage of 11.99% as against 13.00%. Thus, the same was not according to specification. Thereafter, the licence of the dealer firm was cancelled vide letter No.3506 dated 16.08.2017. The dealer firm filed an appeal to the Joint Director (Input)-cum-Appellate Authority under Section 32(a) of the Fertilizer (Control) Order, 1985 against the cancellation order regarding the dealer's registration certificate. The same was accepted partially and the licence of the dealer firm was restored. The distributor/stockist M/s Jindal Agencies, Gidderbaha, Sri Muktsar Sahib was served with a second show cause notice along with the second test report dated 26.07.2017 and importer M/s Tata Chemicals Limited, Bombay House 24 Homi Modi Street, Mumbai and its responsible person Vijay Vallabh were also sent show cause notices and analysis report dated 03.08.2017 for violation of Clause 19(a)(c)(v) of the Fertilizer (Control) Order, 1985 which is punishable under Section 7 of the Essential Commodities Act, 1955 read with Clause 19(a) of the Fertilizer (Control) Order, 1985.

3. Shri Bhupinder Garg (petitioner No.l) being the Proprietor of M/s Punjab Seeds Company, Near Punjab and Sind Bank, Gidderbaha, Sri Muktsar Sahib (petitioner No.2) being the stockist/dealer of the pesticides and Harish Kumar (person to sign J form-petitioner No.3) had violated the provisions of Clause 19(a)(c)(v) of the Fertilizer (Control) Order, 1985 which is punishable under Section 7 of the Essential Commodities Act, 1955 read with Clause 19(a) of the Fertilizer (Control) Order, 1985.

M/s Tata Chemi