Criminal Revision No.524 of 2011 -1- IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH Criminal Revision No.524 of 2011 Date of decision:- 07.3.2011 Rajesh Singh ...Petitioner Versus State of Haryana ...Respondents CORAM: HON'BLE MS. JUSTICE RITU BAHRI Present:- Mr. Premjit S. Hundal, Advocate for the petitioner. Mr. Kshitij Sharma, AAG Haryana. RITU BAHRI J.(Oral) This revision is against the judgment dated 25.2.2011 whereby the appeal filed by the petitioner against the judgment dated 21.7.2009 and order of sentence dated 23.7.2009 convicting him for three months for contravention of provisions of Clause 19(1)(a) of Fertilizer Control Order, 1985, was dismissed. Custody certificate has been filed. As per this custody certificate, petitioner has undergone 10 (ten) days rigorous imprisonment out of total awarded i.e. three months rigorous imprisonment. As per complaint M/s Kadyan Enterprises was granted a fertilizer registration certificate for stock, sale or exhibiting for sale chemical fertilizers vide order of Deputy Director of Agriculture, Panipat on 08.6.1998 which was valid upto 07.6.2001. On 06.11.1998 Mr. U.R. Pal, Senior Fertilizer Inspector alongwith Dr. A.K. Singh, Analyst and Shyam Babu, Analyst visited the premises of M/s Kadyan Enterprises New Grain Market Gate, Panipat and drawn a sample Criminal Revision No.524 of 2011 -2- of MNFM Rallis Tracel manufactured by Rallis India Limited Mumbai. There were 18 packets of MNFS Rallis Tracel of 500 grams each in the stock of M/s Kadyan Enterprises on the date of sampling. The Fertilizer Inspector took three sealed packets of 500 grams each of MNFC Rallis Tracel for sampling with the consent of Rajesh Singh (petitioner, who is proprietor of M/s Kadyan Enterprises), who was present at that time and had signed on 'J' form. The Senior Fertilizer Inspector Mr. U.R. Pal inserted each tracel packets sealed in the cloth bags separately and tied them with threads, sealed them with the help of Fertilizer Inspector seal in the presence of petitioner. After that Mr. U.R. Pal handed over one sealed packet of the sample alongwith 'J' form to the petitioner on behalf of the firm & company. Remaining two sealed packets of the sample, IInd sealed packet of sample were forwarded by the Fertilizer Inspector alongwith Form 'K' to the Incharge Fertilizer Quality Control Laboratory, Faridabad on 09.11.1998 for analysis and IIIrd sealed packet of the sample kept in his office in safe custody for producing in the Court, if required. Within the prescribed time provided in the clause 10(2) of the Fertilizer Control 1985, the Analyst Central Fertilizer Quality Control and Training Institute (Govt. of India) N.H.IV Faridabad sent the analysis report dated 26.11.1998 and according to the analysis report the sample was declared as 'Non Standard'. Accordingly after formalities, case was filed against the petitioners. After going through the judgment, learned Additional Sessions Judge, Panipat has rightly upheld the judgment dated 21.7.2009 and order of sentence dated 23.7.2009, vide order dated 25.2.2011. The conviction is upheld. The petitioner is facing trial/proceedings since 1998 and he is a first time offender and no other criminal case is pending against him. In view of the fact that the petitioner is 40 years of age and has already undergone 10 days rigorous imprisonment out of total three months rigorous imprisonment. He is ordered to be released on probation for a period of Criminal Revision No.524 of 2011 -3- six months to the satisfaction of the Chief Judicial Magistrate/Duty Magistrate, Panipat. The criminal revision is disposed of. March 07, 2011 ( RITU BAHRI ) Vijay Asija JUDGE