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Raghbir Singh vs State Of Pb. & Ors on 11 January, 2023

It would be worth noticing here that the Regulation 19 of the Fertilizer Control Order, 1985 also came to be tested in this Court in a case titled as Tarsem Singh vs. Union of India, 1996(2) 283 wherein, the said peace of legislation was held to be violative of Articles 19 and 21 of the Constitution of India while striking it down with the observation that it has snatched a valuable right of a person who deals in a trade of fertilizer and sells the sealed and stitched bags as supplied to him by the manufacturer holding even such dealer liable for punishment who has properly stored the essential commodities such as 'fertilizer'. It would be apetite to produce para 12 and 13 of the afore- said judgment, which reads as under:-
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Kulwant Singh Jawanda vs Union Of India And Anr on 4 July, 2023

"Relies upon the judgment in Tarsem Singh vs. Union of India and others, CWP-8902-2012 decided on 15.01.2014, to submit that the petitioner not being computer savvy had taken help of an agent to fill the form and the factum of his conviction in FIR No.89 dated 04.07.2013 and pendency of appeal bearing No.CRA-S-2061-SB-2014 was told to the said agent but inadvertently the same was not entered in the online portal. The aforesaid fact has also been informed to the Regional Passport Officer by way of representation transmitted on 23.02.2022 (Annexure P-6). It is contended that without deciding the said representation, vide communication dated 09.03.2022 (Annexure P-7), the process to impound the passport has been initiated.
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