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PUNJAB AND HARYANA HIGH COURT AT CHANDIGARH
JASJIT SINGH BEDI
Tata Chemicals Limited – Appellant
Versus
State Of Punjab – Respondent
JUDGMENT :
Jas Jit Singh Bedi, J.
The prayer in the present petition under Section 482 Cr.PC. is for quashing of the Complaint Case No.COMA/7206 of 2018 dated 19.05.2018 (Annexure P-3) titled as 'State through Chief Agricultural Officer, Ludhiana Vs. M/s Guliani Fertilizers and others'' registered under Clause 19 of the Fertilizer (Control) Order, 1985 read with Section 3 of the Essential Commodities Act, 1955 punishable under Section 7 of the Essential Commodities Act, 1955, the summoning order dated 22.05.2018 (Annexure P-4) and all subsequent proceedings arising therefrom.2. The brief facts of the case are that Gurinder Singh, Agriculture Development Officer-cum-Notified Fertilizer Inspector Machhiwara along with Manjit Singh, Agriculture Officer, Machhiwara on 30.05.2016 in the presence of Sh. Parvinder Singh, Proprietor of M/s Guliani Fertilizer Rahon Road, Macchiwara, Ludhiana checked the fertilizer stock of the firm and found that 5 kgs x 116 bags (580 Kgs) of Zinc Sulphate Monohydrate 33% was lying in balance in the said premises on 30.05.2016. 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
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 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....
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....
Order taking cognizance of offence must show application of mind by Magistrate.
Vicarious liability under the Essential Commodities Act necessitates the arraignment of the manufacturer as an accused; absence of such leads to quashing of proceedings against retailers or sales exe....
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....
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