IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH Crl. Misc. No.M-14137 of 2007 Date of decision:28.11.2008. Vijay Kumar and others ...Petitioners. Versus State of Punjab …Respondent. CORAM: HON’BLE MR. JUSTICE S.D.ANAND. Present: Mr. Rakesh Verma, Advocate,for the petitioners. Ms. Manjari Nehru, DAG, Punjab. ***** S.D.ANAND, J. The petitioners were prosecuted for the unauthorized sale of Bio-Fertilizers/Organic Fertilizers. The prosecution allegation was that petitioners were effecting the sale without proper authorisation from the competent authority. It is presently commonly ground that application of the relevant Fertilzers Control Order, 1985 (for the purpose of regulating the standards and regulatory mechanism for ensuring supply of quality bio-fertilizer and organix fertilizer to the farmers ) had been deferred by the Government of India (Department of Agriculture and Cooperation, Ministry of Agriculture) vide letter dated 7.7.2006 (Annexure P-2). In that view of things, the learned State counsel is not in a position to argue in favour of the maintainability of the prosecution under reference. The plea in the context is that he requires proper authorization from the Competent Authority to be able to effect sale of Bio- Fertilizers/Organic Fertilizers. In the light thereof, the present petition shall stand allowed and the impugned prosecution (FIR No.330 dated 04.06.2006, under Section 420 IPC and Clause 19(iv) of Fertilizer Control Order, 1985 read with Section 13(b)(c) and Section 14 of Fertilizer Control (Amendment) Order, 2006, P.S.Kotwali, Bathinda-Annexure P-1) shall stand quashed. Disposed of accordingly. November 28, 2008 (S.D.ANAND) Pka JUDGE