JUDGMENT :

Gurpal Singh Ahluwalia, J.

1. This application under Section 482 of Cr.P.C. has been filed seeking quashment of the FIR in Crime No. 454/2019 registered at Police Station Joura, District Morena for offence under Section 3/7 of Essential Commodities Act.

2. It is the case of the applicants that the applicant No. 2 is the retired Senior Manager of Gujarat State Fertilizer and Chemical Limited which is registered under the Companies Act, whereas the applicant No. 1 is the Company itself. It is the case of the applicants that the applicant No. 1/Company imports various kinds of fertilizers for supply of the same to the societies and other institutions. The licence in this regard under Clause 8(3) has also been obtained. It is submitted that before selling the fertilizers to the said institutions and societies, quality test is conducted in the laboratory and thereafter, the fertilizers are supplied after following the entire procedure required under the Fertilizer Control Order, 1985 [ in short" FCO"]. It is further mentioned that the applicant No. 1/Company is running its manufacturing units.

3. According to the applicants, on 16/07/2018, the Fertilizer Inspector inspected the go-down of Cooperative Society Maryadit, Joura, District Morena from where the sample of DAP fertilizers were collected and as per the report, the fertilizer was found to be of un-sub standard quality in the light of specification given in the Act. It is further submitted that the report of Analysis was prepared on 12th July, 2018 but the same was supplied to the applicants on 03/10/2018, whereas it should have been supplied within a period of fifteen days. The applicant No. 1/Company also applied for reanalysis in the Central Laboratory, Faridabad. However, the prayer of the applicants for retesting the sample was neither considered nor sample of the Company was sent to the laboratory for referee analysis under sub-section (2) of Sec. 29(b) and Section 32(a) of FCO and in the meanwhile, FIR was registered. After registration of the FIR, the applicants again requested for retesting the sample which has been accepted and now, the sample was called on 19/09/2019 for testing the same. It is submitted that as per the provisions of Section 30(2)(3) of FCO, the sample should be tested within thirty days from the date of receipt of sample in the Laboratory and the result of the said sample should be communicated within fifteen days from the date of receiving of report but in the present case, neither the test result has been declared nor any kind of report has been communicated to the applicants. On 02/12/2020, the applicants again requested the Joint Director to grant permission to get analysis the referee sample but no action has been taken.

4. It is also the case of the applicants that the applicant No. 1/Company has applied for retesting the sample but the report has not been received. It is submitted that Kamlesh Prataprai Pancholi was responsible for conduct of business of the Company and the sample was also taken in his presence but he has not been made an accused and, therefore, in the light of the judgment passed by Punjab and Haryana High Court in the case of R.G. Shrivastava vs. State of Punjab, reported in 2003 FAJ PN 389, the prosecution cannot lead evidence contrary to the complaint.

5. It is submitted that the name of the applicant No. 2 has neither been mentioned in the FIR nor he has been added as an accused in the FIR separately, but the police is trying to arrest him.

6. Heard the learned Counsel for the applicants.

7. So far as the contention of the applicants with regard to non-impleadment of Kamlesh Prataprai Pancholi is concerned, this application under Section 482 of Cr.P.C. has been filed on the affidavit of Kamlesh Prataprai Pancholi himself. It is alleged that Kamlesh Prataprai Pancholi is the retired employee of Gujarat State Fertilizer and Chemical Limited Company/applicant No. 1, then it is clear that Kamlesh Prataprai Pancholi has