JUDGMENT

Dalveer Bhandari, J.—These criminal appeals emanate from the judgment of the High Court of Judicature of Madras dated 3.12.2004 by which the learned Single Judge of the High Court has upheld the judgment of the Special Judge (E.C./N.D.P.S. Act), Coimbatore dated 9.9.1997 for violation of clauses 3(1), 8(a) and (b) and 18(1) of Seeds (Control) Order, 1983 with reference to clauses (a), (h) and (i) of sub-section 2 of the Section 3 punishable under Section 7(1)(a)(ii) of the Essential Commodities Act, 1955. The Special Judge sentenced the appellants/accused to undergo three months simple imprisonment and to pay a fine of Rs.1000/- each on three counts.

2. Brief facts which are imperative to dispose of these appeals are recapitulated as under:-

The Seed Inspector, Coimbatore, PW1, went for inspection of the shop of appellant no.1 on 15.5.1996. According to him, the shop was open but there was no responsible person available in the shop, therefore, the Seed Inspector could not conduct the inspection on that day though he waited there for about an hour.

3. The Seed Inspector, on 25.10.1996 again had gone to the shop of appellant no. 1, S. Chinnasamy, but appellant no.1 was not ther