Law: Punjab Essential Articles (Control) Act, 1973

Section: 6

Law: Punjab Fertilizers (Control) Order, 1973

Section: 18

Punjab Essential Articles (Control) Act (XVII of 1973)--- ----S. 6---Punjab Fertilizers (Control) Order, 1973, S. 18---Sale of adulterated and fake fertilizers---Scope---Accused, in a factory, was alleged to have been found in possession of Zinc Sulphate 21% without a license of Controller---Complainant in his examination-in-chief found that fertilizer analysis report reflected 18% zinc sulphate instead of 21%, stated in his cross-examination that he was informed by manager of the factory that the accused was not owner of the factory; that although some private persons were present in the factory but none was associated with recovery process; that he did not know whether something was being purchased or sold in the factory when the raid was conducted and that samples sent for analysis could be affected by wetness in air---Nominal difference in zinc sulphate ratio could not be made basis for recording conviction---Prosecution had failed to prove charge against the accused beyond reasonable doubt---Appeal against conviction was allowed, in circumstances. JUDGMENT CH. MUSHTAQ AHMAD, J.--- Javed Ashraf Khan, petitioner was tried on the charges under sections 18(1), 18(4) of the Punjab Fertilizer Control Order, 1973 amended 2004 by learned Judicial Magistrate Section-30 Gujranwala in case FIR No.163/2009 dated 10.07.2009 registered at Police Station Jinnah Road, District Gujranwala and on conclusion of trial petitioner was convicted and sentenced under Section 6 of the Punjab Essential Articles (Control) Act, 1973 and sentenced to six months simple imprisonment with further direction to pay of Rs.20,000/- or in default thereof to further undergo one month simple imprisonment. Appeal against conviction preferred by petitioner was dismissed by learned Additional Sessions Judge, Gujranwala vide judgment dated 09.06.2020. 2. First Information Report in this case was lodged on the complaint of Dr. Iqbal Ahmed Khan (P W-1) then posted as Deputy District Officer Agriculture Extension. According to FIR on 23.06.2009 at about 12:40 p.m. complainant along with PWs Muhammad Riaz and Muhammad Akram on inspection of Factory Javadan Agro Chemicals, Jinnah Raod Gujranwala,…

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