Hardev Singh vs State of Punjab

S.S. Grewal, J.

This petition under Section 482 of the Code of Criminal Procedure, 1973 (hereinafter referred to as the Code), relates to quashment of the impugned First Information Report No. 49 dated 22.4.1988, registered at Police Station, Phul, district Bhatinda, under Section 7 of the Essential Commodities Act, chargesheet dated 14.9.1988 and subsequent proceedings initiated thereunder.

The impugned First Information Report was recorded on the basis of a written complaint made by the Chief Agricultural Officer, Bhatinda, to the Senior Superintendent of Police, Bhatinda. According to the allegations mentioned therein, Shri Avtar Singh, Inspector Agriculture. Rampura Phul, took a sample of 16% Single Super Phosphate Fertilizers (variety Tiger Mark) from the shop of M/s. Gurunanak Pesticides and Fertilizer Store, Fertilizer, Dealer, Rampura. The said sample was sent for test at Quality Control Laboratory, Ludhiana, on 30.11.1987. As per report of the Quality Control Laboratory, Ludhiana, the aforesaid sample was found to be nonstandard as single Super Phosphate Fertilizer was found 13.83% instead of 16%. The present petitioners, who are partners of M/s. Gurunanak Pesticides and Fertilizer Store, Rampura, were prosecuted for contravention of Section 19(1)(A) of the Fertilizer Control JUDGMENT 1985 (hereinafter referred to as the JUDGMENT) for selling substandard fertilizer. It was further alleged that the aforesaid firm had cheated the farmers by selling nonstandard Single Sujper Phosphate Fertilizer and thereby the farmers had suffered an irreparable loss.

It is settled law that in order to exercise the inherent jurisdiction under Section 482 of the Code, for the purposes of quashment, only the allegations made in the impugned First Information Report have to be considered, and the correctness or otherwise of such allegations cannot be examined.

Counsel for the parties were heard. The learned Counsel for the petitioners submitted that no allegation whatsoever has been made in the First Information Report concerning the manner in which the sample of Super Phosphate Fertilizer was taken by Inspector Avtar Singh in the instant case. Neither the quantity of the fertilizer taken for the purposes of test is mentioned nor the container or the type of bag in which the sample of fertilizer was put finds mention in the First Information Report. According to Schedule II of the JUDGMENT the sample should be kept in suitable, clean dry and air tight glass or screwed hard polythene bottle of about 400 gms. capacity, or, in a thick gauged polythene bag. Thereafter, the said container should be put in a cloth bag which is to be sealed with the Inspector''s seal after putting inside the detailed description as specified in Form `J''.

Faced with this situation, it was submitted on behalf of the State that the sample was taken in a clean, dry and air tight thick gauged polythene bag which is a suitable container and is permissible vide ScheduleII (Part `A'')I(e) of the JUDGMENTIt is also mentioned that the air tight polythene bag sample was put in a cloth bag which was sealed with the Inspector''s seal after putting inside the detailed description, as specified in Form `J'' and the weight of the sample drawn was more than 500 gms.

No plausible explanation has been put forth on behalf of the State as to why the procedure adopted for taking the sample, or, the manner in which the sample was actually taken does not find specific mention in the impugned First Information Report. This lacuna in the prosecution case cannot be filled by giving details at a later stage. Since the aforesaid mandatory legal formalities were not observed or adhered to in the instant case, the impugned First Information Report and the consequent proceedings taken thereunder, including framing of chargesheet against the petitioners are liable to be quashed. I am supported in my view by Single Bench authorities of this Court, in Sohan Singh and another v. State of Punjab, 1988(1) Recent Criminal Reports 372 and Gian Chand Luthra v. State of Punjab, 1988(2) CLR 652.

For the foregoing reasons, the impugned First Information Report, the chargesheet and other consequential proceedings thereunder pending before the trial Court against the petitioners are ordered to be quashed. This petition is accepted accordingly.