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:-
25. It will be inappropriate to compare the provisions of Control Order with that of Prevention of Food Adulteration Act. Food items are manufactured and sold by millions and their number is also very large. A restaurant: owner or sweet meat seller keeps on manufacturing food items almost continuously. Petrol or diesel is not manufactured or produced by dealers nor it is supplied by private manufactures. There are only four oil companies which are all government corporations which supply the product to the dealers. The Government Corporations are not expected and will not supply sub-standard or adulterated material and it can be presumed that the product supplied by them would be pure and would conform to the standards laid down by Indian Standards Institution. The dealer is only required to maintain the product in the same condition in which he had received it. There is no compulsion on any one to get a dealership of petrol or diesel. Any one who wants to be appointed as a dealer of an oil company does so by his own choice and after becoming a dealer he cannot be heard to complain that the Control Order by which he is governed does not give him a second opportunity to get the sample analysed again. We think that in view of the nature of the commodity involved, its source of supply being oil companies as defined in Clause 2(g) and the requirement being confined to variation of density within permissible limits as required by Schedule-I, a dealer cannot complain violation of Article 21 of the Constitution merely on the ground that a second opportunity to get the sample analysed is not provided to him.
Regulation 19 of the Fertilizer Order was considered and struck
down by this court in Tarsem Singh versus Union of India, (1997)
115PLR34, while observing as under:
In Tarsem Singh's case (supra), this Court dealt with a
matter of re-issue of passport to the petitioner, who was convicted and
sentenced to undergo rigorous imprisonment for 5 years by the Trial
Court. Appeal against conviction and sentence filed by him was
pending, wherein, his sentence was suspended. The objection of the
respondent was that the petitioner had not disclosed about his
conviction in a criminal case at the time of police verification. Later on,
the petitioner filed affidavit mentioning these facts. In these
circumstances, this Court directed the Passport Officer to issue the
passport to the petitioner, subject to the conditions that the petitioner
shall take necessary permission by filing application before the Court to
go abroad.
Regulation 19 of the Fertilizer Order was
considered and struck down by this court in Tarsem
Singh versus Union of India, (1997) 115PLR34,
while observing as under:
In this situation, the liability
of a marketing company does not arise as is apparent from the judgments of
this Court in Manoj Grover (supra), Kehar Singh (supra), Ghanvir Singh
(supra) and M/s Tata Chemicals Ltd. (supra). The liability if any would lie
with the manufacturing company.
In this
situation, the liability of the dealer firm does not arise as is apparent from the
judgments of this Court in Manoj Grover (supra), Kehar Singh (supra),
Ghanvir Singh (supra) and M/s Tata Chemicals Ltd. (supra). The liability if
any would lie with the manufacturing company.
In this situation, the liability
of a marketing company does not arise as is apparent from the judgments of
this Court in Manoj Grover (supra), Kehar Singh (supra), Ghanvir Singh
(supra) and M/s Tata Chemicals Ltd. (supra). The liability if any would lie
with the manufacturing company.