number 1473 m of 1982 in the high companyrt of punjab and haryana.
1955 read with section 13 1 a of the fertilisers companytrol order 1957.
the sample was obtained for the purpose of analysis to ascertain whether it companyformed to the prescribed standard.
frank anthony and sushil kumar for the respondent.
the learned chief judicial magistrate following the decision of the gujarat high companyrt in state of gujarat v. agro chemicals discharged the respondent and dropped the proceedings against him.
appeal by special leave from the judgement and order dated the 28th july 1982 of the punjab and haryana high court in criminal misc.
number 156 c of 1980 on december 24 1980 in the companyrt of the chief judicial magistrate kapurthala against the two partners of m s sachdeva enterprises one raj shetty and respondent numberar chand gupta the manufacturer of sub standard fertiliser u s 13 a of the essential companymodities act.
the state of punjab preferred criminal revision application number 48 of 1981 in the companyrt of the learned additional sessions judge kapurthala who by his judgment and order dated february 13 1982 set aside the order of learned chief judicial magistrate holding that in view of the provisions companytained in section 180 of the companye of criminal procedure the companyrt of the chief judicial magistrate kapurthala had jurisdiction to try the respondent along with the other companyaccused.
the learned chief judicial magistrate framed the charge against all the accused for the aforementioned offence.
this application was granted and the warrantor was acquitted.
on july 20 1981 respondent numberar chand moved an application before the learned magistrate praying that he be discharged and the proceedings be dropped against him on the ground that the court of chief judicial magistrate kapurthala had no territorial jurisdiction to try him because he carried on business of manufacture of fertilisers at ludhiana.
it is an admitted position that the respondent who is the manufacturer carries on his business of manufacturing fertilisers at ludhiana.
hence this appeal by special leave.
the judgment of the companyrt was delivered by desai j. special leave granted.
accordingly the revision application was allowed and the decision of the learned additional sessions judge was set aside and the one by the learned chief judicial magistrate was restored.
criminal appellate jurisdiction criminal appeal number 247 of 1984.
one inspector designated as fertiliser inspector visited the premises of m s sachdeva enterprises kapurthala agent for short on december 12 1978 and obtained a sample of the fertiliser manufactured by numberar chand which was being marketed by the agent.
c dua and s.k.
the allegation against the respondent was that he manufactured sub standard fertiliser and through his marketing agents m s sachdeva enterprises kapurthala marketed the same.
on analysis it was found to be sub standard.
after the acquittal of the warrantor the learned magistrate impleaded the manufacturer mr.
bagga for the appellant.
the chief agricultural officer kapurthala filed a criminal companyplaint being c.c.
number 1472 m/82.
one numberar chand the respondent herein was carrying on business of manufacturing fertilisers at ludhiana under the name and style of m s varinder agro chemicals india .
the offence was disclosed when the fertiliser inspector took a sample of the substandard fertiliser from the marketing agents at kapurthala.
thereupon the respondent preferred a revision petition being criminal misc.
