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1998 Supreme(All) 418

S.K.PHAUJDAR, J.C.MISHRA
Sadhan Sahkari Samiti Ltd. – Appellant
Versus
State of U. P. – Respondent


Advocates:
Advocate Appeared:
A.P. Srivastava

Judgment

J.C. Mishra, J.

1. The aforesaid petitions have been filed for a writ of certiorari quashing the first information reports lodged under Section 3/7, Essential Commodities Act for violation of Fertiliser (Control) Order, 1995 (hereinafter called 'Control Order' for convenience).

2. In Criminal Misc. Writ Petition No. 814 of 1998, first information report was lodged by Additional District Agriculture Officer, Gola Khazana, Sahjanwa, District Gorakhpur against the Secretary, Sadhan Sahkari Samiti Limited, Raja Vishanpura on the allegation that the sample of D. P. Fertiliser drawn on 10.8.97 was found to be non-standard due to deficiency of nitrogen and phosphorus. The first information report which was lodged on 7.10.97 has been sought to be quashed on the following grounds-(i) the result of the analysis was not communicated to the petitioner. The petitioner is not liable as the fertiliser was purchased from the manufacturer I.F.F.C.O. and was distributed by the Society. The U. P. Co-operative Federation, Lucknow initially got fertiliser from Central Government such as INdian Farmer Fertiliser Corporation conveniently referred as I.F.F.C.O. which is manufacturer and the fertilis












































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