JUDGMENT

DESAI, J. — Special leave granted.

One Nohar Chand, the respondent herein, was carrying on business of manufacturing fertilisers, at Ludhiana under the name and style of M/s. Varinder Agro-Chemicals (India). One Inspector designated as Fertiliser Inspector visited the premises of M/s. Sachdeva Enterprises, Kapurthala (agent for short) on December 12, 1978 and obtained a sample of the fertiliser manufactured by Nohar Chand which was being marketed by the agent. The sample was obtained for the purpose of analysis to ascertain whether it conformed to the prescribed standard. On analysis it was found to be sub-standard. The Chief Agricultural Officer, Kapurthala filed a criminal complaint being, C.C. No. 156-C of 1980 on December 24, 1980 in the Court of the Chief Judicial Magistrate, Kapurthala against the two partners of M/s. Sachdeva Enterprises, one Raj Shetty and respondent Nohar Chand Gupta, the manufacturer of sub-standard fertiliser under S. 13-A of the Essential Commodities Act, 1955 read with S. 13(1)(a) of the Feritilisers Control Order, 1957. The learned Chief Judicial Magistrate framed the charge against all the accused for the aforementioned offence. On July 20, 1