Advocates:
Advocate Appeared:
For the Appellant :Mr. Mansur Ali, 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.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 Analytical Chemist, Incharge, State Notified Fertilizer Quality Control Laboratory, Faridkot, the first sample test result dated 16.06.2016 showed Zinc contents to be 27.18% as against 33% and thus, the analysis report showed that the sample was not according to the specifications and had failed in Zinc contents. A show cause notice dated 04.07.2016 was served by the Chief Agriculture Officer, Ludhiana to M/s Guliani Fertilizer Rahon Road, Macchiwara, Ludhiana and to its proprietor for violation of Clause 19 of the Fertilizer (Control) Order, 1985 and a copy of the analysis report was also supplied. Show cause notices were also sent to the manufacturing company i.e. M/s Chakradhar Chemicals Pvt. Ltd. E-3, UPSIDC, Industrial Area Begarjpur Muzaffamagar and marketing company M/s Tata Chemicals Limited, Mumbai Regd. Office SCO 121-122-123, Sector 34A, Chandigarh and replies were submitted by M/s Guliani Fertilizer Rahon Road, Macchiwara, Ludhiana, M/s Chakradhar Chemicals Pvt. Ltd. E-3, UPSIDC, Industrial Area Begarjpur Muzaffamagar and M/s Tata Chemicals Limited, Mumbai Regd. Office SCO 121-122-123, Sector 34A, Chandigarh. The Chief Agriculture Officer, Ludhiana also called upon the dealer, manufacturing company and marketing company 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(2) of Fertilizer (Control) Order, 1985. The Joint Director of Agriculture (Input) Mohali, Punjab "Appellate Authority" called both the sample portion one from the office and one from the dealer firm and sent one sealed test sample portion to the Thiruvananthapuram Laboratoiy on 05.10.2016 which was sent back with remark "Laboratoiy was not having the chemical for reanalysis". The sample was again sent to the Incharge, Regional Fertilizer Quality Control Laboratory, Bardoli, District Surat on 05.10.2016. The sample result showed Zinc Sulphate contents 31.47% as against the 33%. Thus, the sample had been found to be not according to specifications. The Joint Director of Agriculture (Input) Mohali, Punjab (then the Agricultural Officer, Ludhiana) Paramjit Singh Brar served a show cause notice to the retailer/dealer firm M/s Guliani Fertilizer Rahon Road, Macchiwara, Ludhiana dated 15.05.2017 for violation of clause 19 of Fertilizer (Control) Order, 1985. The Show Cause Notice was also sent to the wholesale distributor firm M/s Sandeep Fertilizer sales corporation, Shop-77 New Grain Market, Khanna, Ludhiana, manufacturing company M/s Chakradhar Chemicals Pvt. Ltd. E-3, UPSIDC, Industrial Area Begarjpur Muzaffamagar and marketing company M/s Tata Chemicals Limited, Mumbai Regd. Office SCO 121-122-123, Sector 34A, Chandigarh (Petitioner) dated 19.05.201