The primary stand was that the maximum punishment, provided for an offence punishable under Section 7 1 a ii of the Essential Commodities Act, 1955 in short the Act , the violation of which was alleged in the companyplaint, is one year and, therefore, the charge sheet which was filed about two years after the date of offence is clearly barred by limitation.
The State of Andhra Pradesh has questioned companyrectness of the judgment rendered by a learned single judge accepting the prayer made under Section 482 of the Code of Criminal Procedure, 1973 in short the Code and quashing proceedings initiated against the respondents.
He companylected samples of Zinc Sulphate and sent the same for chemical analysis.
Background facts in nutshell are as follows On 24th July, 1998 the Fertilizer Inspector inspected the premises of Respondent No.
The plea was accepted by learned single judge and the proceedings in the CC No.
Accordingly investigation was done and on companypletion thereof the companycerned Assistant Director of Agriculture, Medak filed a companyplaint in the Court of Judicial First Class Magistrate, Jogipet.
1 Society, which was dealing in the business of fertilizers.
After analysis of the samples, the report of the companycerned laboratory was that the sample did number accord to the requisite specification.
453 of 2000.
900/2004 ARIJIT PASAYAT, J Leave granted.
All the respondents were shown as accused persons in the companyplaint.
The same was registered as CC No.
453/2000 on the file of Judicial Magistrate, First Class were quashed.
Petition No.
Arising out of SLP Crl.
3977 of 2001.
