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The petitioner is before this Court seeking to quash the order taking cognizance of offence dated 14.06.2021 passed in CC No.3900 of 2021 (Private Complaint No.60 of 2021) for the offence punishable under Sections 3 and 7 of the Essential Commodities Act (for short 'EC Act'), which is pending before the learned Principal Senior Civil Judge and CJM, Raichur.

2. Brief facts of the case are that, the Assistant Director of Agriculture cum Fertilizer Inspector, Raichur, filed a private complaint in PCR No.60 of 2021 against accused Nos.1 and 2 alleging commission of the offences punishable under Sections 3 and 7 of the EC Act and also for violation of Clause 28(1)(b) of Fertilizer Control Order, 1985. It is alleged by the complainant that he is working as Fertilizer Controller and accused No.1 is involved in manufacturing of the fertilizers and accused No.2 is the Distributor of the said fertilizers. The complainant visited the premises of accused No.2 on 21.07.2014, where the fertilizers manufactured by accused No.1 were stored. He drew the samples of DAP fertilizer in accordance with Clause 28(1)(b) of Fertilizer Control Order, 1985 in three stages. One of the sample was provided to accused No.2 and the second one was sent to Deputy Director of Agriculture for analysis and for a report. The third sample was kept in the office of the Assistant Director of Agriculture.

3. The Deputy Director of Agriculture and Fertilizer Analyst subjected the sample for analysis and submitted his report on 30.07.2014 stating that the sample is of sub standard quantity and not in accordance with the specification as provided under the Act. Therefore, it is stated that accused No.1 being the Manufacturer was manufacturing the sub-standard quantity of DAP and accused No.2 being the Distributor, was distributing the sub-standard fertilizers and thereby both the accused have committed the offences as stated above.