Indian Potash Limited, Secunderabad and anr. Vs. Assistant Director of Agriculture, Kurnool Dist. and anr. - Court Judgment

Excerpt:

criminal - inspection of sample - clause 19 (1) of fertilizer control order, 1985 and sections 7 and 8 of essential commodities act, 1955 - sample taken from shop of petitioner of muriate of potash - sample not found according to established standards - case filed after 2 years 3 months under clause 19 (1) - petition for quashing proceedings - punjab and haryana high court invalidate clause 19 (1) - judgment holds good - held, proceedings were non est and to be quashed. - - 5. the learned public prosecutor fairly submitted that on verification the central government has not preferred any appeal against the judgment of punjab and haryana high court in respect of quashing of clause 19(1) of the fertilizer control order, 1985 and that the judgment holds good as on today......notice to which a reply was given by the accused. the complainant kept quiet for two years and three moths and thereafter a case was filed under clause 19(1) of fertilizer control order 1985, r/w sections 7 & 8 of essential commodities act, 1995 against the petitioners.3. these proceedings are sought to be quashed in this petition.4. the main anchor of the petitioners is that clause 19(1) of the fertilizer control order, 1985 was quashed by the punjab and haryana high court. therefore, there is no question of any violation of that provision and the entire proceedings are non est.5. the learned public prosecutor fairly submitted that on verification the central government has not preferred any appeal against the judgment of punjab and haryana high court in respect of quashing of clause 19(1) of the fertilizer control order, 1985 and that the judgment holds good as on today.6. in view of the above, the proceedings initiated are liable to be quashed and accordingly the proceedings in c.c.no.4/ 96 on the file of special judge for economic offences-cum-principal sessions judge, kurnool are quashed.7. the criminal petition is accordingly allowed.

Judgment:

ORDER

1. The petitioners are A3 and A4 in C.C.No.4/96 on the file of Special Judge for Economic Offences-cum-Principal Sessions Judge, Kurnool.

2. The 1st respondent inspected the shop of M/s. Triveni Enterprises at Adoni on 30-10-1993 and collected the sample of M.O.P. (Muraite of Potash) and sent the sample for testing of standard of M.O.P. to the laboratory, F.C.O. at Bapatla. The Assistant Director of Agriculture, after analysis of the sample issued a report to the 1strespondent on 28-2-1993 slating that the sample was non-standard. The complainant after receipt of the Analyst report issued show cause notice to which a reply was given by the accused. The complainant kept quiet for two years and three moths and thereafter a case was filed under clause 19(1) of Fertilizer Control Order 1985, r/w Sections 7 & 8 of Essential Commodities Act, 1995 against the petitioners.

3. These proceedings are sought to be quashed in this petition.

4. The main anchor of the petitioners is that clause 19(1) of the Fertilizer Control Order, 1985 was quashed by the Punjab and Haryana High Court. Therefore, there is no question of any violation of that provision and the entire proceedings are non est.

5. The learned Public Prosecutor fairly submitted that on verification the Central Government has not preferred any Appeal against the Judgment of Punjab and Haryana High Court in respect of quashing of clause 19(1) of the Fertilizer Control Order, 1985 and that the Judgment holds good as on today.

6. In view of the above, the proceedings initiated are liable to be quashed and accordingly the proceedings in C.C.No.4/ 96 on the file of Special Judge for Economic Offences-cum-Principal Sessions Judge, Kurnool are quashed.

7. The Criminal Petition is accordingly allowed.