Patna High Court - Orders
Kumar Krishna Prakash @ Shyam Goel vs State Of Bihar on 27 June, 2013
Author: Anjana Prakash
Bench: Anjana Prakash
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.9482 of 2008
======================================================
Kumar Krishna Prakash @ Shyam Goel, s/o Onkar Mal Agrawal, Proprietor
and Director of M/s Himalya Agro Chemicals Pvt. Ltd.,Gulab Bagh, NH 31,
P.S.-Sadar, District- Purnea
.... .... Petitioner/s
Versus
1. The State of Bihar &
2. The District Agriculture Officer, Purnea.
.... .... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Pankaj Kumar Sinha, Advocate
For the Opposite Party/s : Mr. Mukesh Kumar Singh, APP
======================================================
CORAM: HONOURABLE JUSTICE SMT. ANJANA PRAKASH
ORAL ORDER
17/ 27-06-2013Heard the parties.
The Petitioner seeks quashing of the entire proceeding including order dated 21.12.2006 by which the Chief Judicial Magistrate, Purnea, has taken cognizance under Sections 7 of the Essential Commodities Act, Section 19 of the Fertilizer Control Order, Sections 420, 465, 181 and 188 Indian Penal Code in Purnea Sadar P.S. Case No.424 of 2005 (G.R.No.2301 of 2005).
The case of the prosecution instituted on 30.12.2005 is that the Petitioner-Company was given notice that they should not manufacture fertilizer without required certificate with regard to conformity of all the clauses. When the manufacture started on 13.10.2005, a sample was collected from the Company which was sent to the Laboratory at Ahmadabad on 24.11.2005. A report was received but on account of some technical problems, a fresh report 2 Patna High Court Cr.Misc. No.9482 of 2008 (17) dt.27-06-2013 2/3 was called for which was submitted on 30.12.2005. As per the report, the fertilizer was non-standard.
Counsel for the Petitioner submits that as per Clause 30 of the Fertilizer Control Order, 1985, the laboratory has to analyze the sample and forward the Analysis Report in Form-L within thirty days of the date of receipt of the same. In the present case, evidently even though the sample was collected on 30.10.2005, Analysis Report was forwarded only on 30.12.2005, much beyond the period specified. Further submission is that before the present prosecution was launched, Analysis Report should have been handed over to the Petitioner so that it could be tested from another laboratory at his behest. The same not having done, the prosecution is not fit to proceed. Also, since the present case is covered by Special Law, Sections 420, 465, 181 and 188 Indian Penal Code would have no play in the facts of the case.
Accepting such argument, entire proceeding including order dated 21.12.2006 by which the Chief Judicial Magistrate, Purnea, has taken cognizance under Sections 7 of the Essential Commodities Act, Section 19 of the Fertilizer Control Order, 1985, Sections 420, 465, 181 and 188 Indian Penal Code in Purnea Sadar P.S. Case No.424 of 2005 (G.R.No.2301 of 2005) is hereby quashed.
3 Patna High Court Cr.Misc. No.9482 of 2008 (17) dt.27-06-20133/3
The application stands allowed.
JA/- (Anjana Prakash, J)