THE HON’BLE SMT. JUSTICE JUVVADI SRIDEVI CRIMINAL PETITION No.395 OF 2022

O R D E R

This Criminal Petition is filed by the petitioner-accused No.1 to quash the proceedings against him in S.T.C.No.40 of 2021 pending on the file of learned Additional Judicial First Class Magistrate at Sanga Reddy, registered for the offences under Clause 19(b) of Fertilizer Control Order (FCO), 1985 read with Section 7(1)(a)(ii) of the Essential Commodities Act, 1955.

02. Heard Sri Palle Sriharinath, learned counsel for the petitioner and Smt.S.Madhavi, learned Assistant Public Prosecutor for the State. Perused the record.

03. The case of the prosecution is that the Fertilizer Inspector while discharging his regular duties visited the premises of the M/s. Sri Nataraj Rythu Seva Kendram belonging to the petitioner-accused No.1. He conducted verification of records pertaining to the accused No.1’s fertilizer shop. Thereafter, he suspected the fertilizer shop stocks and drawn three samples. Each test sample was sealed by the Fertilizer Inspector. The 1^st sample was given to the petitioner-accused No.1 along with Form-J as well as panchanama and acknowledgment. The 2^nd sample was sent to Fertilizer Coding Centre at Hyderabad along with Form-K. The 3^rd sample was retained with the Assistant Director of Agriculture (R), Dubbak. Thereafter, Fertilizer Inspector received Form L from Assistant Director of Agriculture FCIO Laboratory, Hyderabad vide Lr.No.FCO/TECH /271/12/2019, dated 09.12.2019 and it was found that the fertilizer stocks were Non Standard and not according to the specifications as per Schedule IA I(d)(4) of FCO, 1985. Thereafter, the Fertilizer Inspector proceeded to the petitioner-accused No.1 and served the Fertilizer Analysis Report. On physical verification, there is no stock available in the shop. It is informed by the petitioner-accused No.1 that the stock was already sold out. Hence, the petitioner-accused No.1 committed the offences under Clause 19(b) of Fertilizer Control Order (FCO), 1985 read with Section 7(1)(a)(ii) of the Essential Commodities Act, 1955.

04. Learned counsel for the petitioner submitted that the petitioner-accused No.1 is nothing to do with the alleged offences. The petitioner-accused No.1 is a Dealer and Stockiest of various brands of fertilizer stocks and he procured the said stocks directly from the manufactures and he never stored the sub-standard fertilizers and he is conducting the business after obtaining proper license. He is no way concern with the manufacturing or preparation of the fertilizer stocks. As per Section 30 of the FCO, 1985, the samples have to be sent to analysis within stipulated period of seven days, but the samples were sent to the Laboratory after eight days from the date of collection of samples. There is violation of Section 30 of the FCO, 1985. The alleged samples were collected by the Fertilizer Inspector from the stitched bags. Therefore, the petitioner-accused No.1 is not responsible for the alleged non standard fertilizer stocks, as he was not the manufacturer of the said stocks. The complaint was lodged on 13.02.2021 i.e. after 1 ½ year of obtaining the samples. Hence, he prayed for quashing of the proceedings against the petitioner-accused No.1.

05. On the other hand, learned Assistant Public Prosecutor contended that it is not a fit case to quash the proceedings against the petitioner at this juncture and the matter has to be decided, after conducting trial by the concerned Court.

Hence, she prayed for dismissal of the Criminal Petition.

06. On a perusal of the charge sheet, the inspection was done on 26.11.2019 and the samples were collected on the same day. The said samples were sent to the Laboratory for analysis on 04.12.2019. As per Section 30 of Fertilizer Control Order, 1985, the drawn samples shall be sent to Laboratory for analysis within stipulated period of seven days, the Section 30 of FCO, 1985 read as follows:

“30. Time limit for analysis, and communication of resul