CRM No.M-29644 of 2011(O & M) -1- IN THE HIGH COURT OF PUNJAB & HARYANA AT CHANDIGARH ***** CRM No.M-29644 of 2011(O & M) Date of decision : 28.9.2011 Sampat Singh ........Petitioner Vs. State of Haryana and another ......Respondents CORAM : HON'BLE MR. JUSTICE AJAI LAMBA Present:- Ms. R.K.Thind, Advocate, for the petitioner --- AJAI LAMBA, J (Oral) : This petition filed under Section 482 of the Criminal Procedure Code, 1973, prays for quashing of FIR No.19 dated 10.1.2011 under Section 7(1)/10 of the Essential Commodities Act, 1955 and Section 420 of the Indian Penal Code, registered at Police Station City Fatehabad, District Fatehabad, placed on record as Annexure P-2. Learned counsel contends that the proceedings are liable to be quashed on the ground that the sample of the article manufactured by the petitioner has not been taken as per the rules. In this regard reference has been made to Annexure P-6 i.e. the statement of Dr. O.P. Wadhwa wherein it has been said, “.....a bag was opened from amongst the bags lying there and three samples of cattle feed were taken which were sealed by Deputy Director Sh. Kanshi Ram and the signatures of owner of the factory of Sampat Singh were taken and sample memo was prepared...........”. Learned counsel contends that sample was taken in a cloth bag. In fact, as per rules it should have been taken in a glass container/vessel. There is nothing on the record to show the modalities for taking CRM No.M-29644 of 2011(O & M) -2- samples. There are disputed questions of fact which can only be shown or proven by way of bringing evidence or by way of cross examination of witnesses. While exercising jurisdiction under Section 482 of the Criminal Procedure Code, 1973, evidence cannot be taken by way of affidavits and counter affidavits so as to record a finding that sample was not taken as per rules. In such circumstances, adjudication is not possible. The petition is dismissed with liberty to raise the issues raised in this petition, before the trial Court. (AJAI LAMBA) JUDGE 28.9.2011 akm