Document Fragment View

Matching Fragments

Prosecution story, in brief, is that on 27.11.1990, written complaint was presented by the Chief Agricultural Officer, Amritsar and according to the complaint, Baldev Singh, Fertilizer Inspector (Enforcement), Amritsar, alongwith the other officers had raided the shop of the accused on 25.9.1990 and he was found in possession of 700 bags of Zinc Sulphate 21% Branch Kissan manufactured by Kissan Zinc (India) Private Limited, Amirtsar. Six bags of the fertilizer were separated at random to serve as sample and 1500 grams of fertilizer through probe was separated from each of the six gunny bags by using the probe diagonally from one corner to another and in that way fertilizer taken out from the six bags was kept on a polythene sheet and was thoroughly mixed and divided into three parts. Each part was put into separate polythene bags which were neat and clean and dry. Each polythene bag was sealed. Polythene bags were further transferred into three bags of cloth alongwith form-J. Cloth bags were sealed with the seal bearing impression 'FI-23 ASR' One of the sample parcel was handed over to the accused. Remaining two sealed parcels were deposited with Jawand Singh, Agricultural Officer, Amritsar. On 1.10.1990, one sealed parcel was sent to the Fertilizer Quality Control Laboratory, Ludhiana by the Chief Agricultural Officer. As per report of the laboratory sample was not according to the specification and was found to be of non-standard. Ultimately, complaint in writing was CRA-S-883-SB of 1999 -3- presented for registration of the case under Section 7 of the Act for violating clause 19 of the Fertilizer Control Order, 1985. After completion of investigation, challan was presented in the Court.

In 2006 (4) RCR (Criminal) 720 "Diwan Chand Vs. State of Punjab and another" again same point came before the Court for consideration. Sample of fertilizer was found to be substandard. Prosecution of dealer from whom sample was taken and also Production Engineer of Manufacturing Company. Proceedings against Production Engineer of Manufacturing Company quashed because manufacturing company was not arrayed as accused and he was not responsible for conduct of business of company.

In 1994 (1) RCR (Criminal) 347 " G.S. Nagpal Vs. State of CRA-S-883-SB of 1999 -11- Punjab". As per this authority on 13.5.1991, Fertilizer Inspector, had inspected the premises of M/s Tej Trading Company, Ajnala Road, Fatehgarh Churian. Sample of fertilizer was declared as misbranded by the Analyst. As per report complaint was filed against the proprietor of the firm i.e. M/s Tej Trading Company, Ajnala Road, Fatehgarh Churian and the manufacturing company i.e. M/s Kissan Zinc (India) Pvt. Limited. Present appellant was the accused in that case also. Ultimately, Court opined that manufacturing company not arrayed as accused. No averment that Managing Director was incharge and responsible to company for conduct of its business. Proceedings against the present appellant who was the Managing Director, were quashed.

(ii) If the bags do not permit the use of sampling probe empty the contents of the bags on level, clean and hard surface and draw a composite sample the process of quartering as described under Para 3 (iii) or 5.

But in the present case procedure followed to separate samples was not mentioned when Form-J was prepared at the spot on 25.9.1990.

In 2007 (3) RCR (Criminal) "Hari Kishan Vs. State of CRA-S-883-SB of 1999 -18- Punjab" sample of fertilizer taken by Fertilizer Inspector but sample not taken as per procedure prescribed in Schedule II of Fertilizer Control Order.