packet of sample has been
sent to Quality Control Laboratory, Vijayapur, one sample
packet has been kept in Agriculture Office and one sample
packet ... material available on
record, it appears that the complainant collected sample
fertilizer from the shop of accused No.1 in three packets
and sealed
petitioner and collected two samples each of vermin
compost and raw materials for vermin compost and one sample of
Bio Fertilizer for testing purpose ... samples of any biofertilisers in accordance
with the procedure of drawl of samples laid
down in schedule III.
(bb) draw samples of any organic fertilizers
sale of the substandard fertilizers and poor and gullible
farmers are purchasing the fertilizers from the fertilizer
shops and are unable to get the desired ... that juncture, he found that
the said firm was selling substandard fertilizer. The samples
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CRL.P No. 101934 of 2022
were drawn by conducting
Agriculture, 7A Sampath Niwas Gandhi Nagar, Co-op Colony, Namakkal, took samples of fertilizer viz., Super Phosphate from the second accused and sent the same ... petitioner submitted that petitioner/A1 is a company, manufacturing fertilizers and samples had been seized at the hands of the second accused
through his agent Messrs Sachdeva Enterprises
Kapurthala. On finding the sample collected by a Fertilizer
Inspector from the said agent on December ... High Court on 9-3-1983 approved.
1: 3. Where a sample of fertilizer is taken from a bag
which was in the same condition
Facts relevant for the purpose of decision of this petition; that
sample of fertilizer was taken from the shop of Pankaj Kumar, who is
proprietor ... Handa Khad Store and that sample was found to be not
in accordance with the specifications prescribed under the Act.
Complaint, Annexure
selling chemical of fertilizers without certificate of registration. But the Court cannot ignore the entire scheme of Fertilizer Control Order. The Fertilizer Control Order governs ... even from purchaser and responsible person can be prosecuted if the sample of fertilizer is not able to stand to test. Here, the allegation against
petitioner vehemently contended that since
the company which manufactured the fertilizers of
which the sample drawn from the 1 st accused ... company which is the manufact urer of the fertilizer
of which the sample is drawn is only formal in
nature and therefore, sought for dismissal
Fertilizer Controller and accused No.1 is involved in
manufacturing of the fertilizers and accused No.2 is the
Distributor of the said fertilizers ... fertilizer in accordance with
Clause 28(1)(b) of Fertilizer Control Order, 1985 in three
stages. One of the sample was provided to accused
metric Tonne and took the sample
on the same day and sent it for examination to the Fertilizer
Control laboratory Waddarahatti, TQ:Gangavathi ... after
receiving the report stated that the sample is not in
accordance to the specification and the fertilizer is of sub-
standard. Hence, he filed
