B. SUBHASHAN REDDY, J.

( 1 ) THE important point for determination in this batch of cases is with regard to the validity of clause 19 of Fertilizer (Control) order, 1985, hereinafter referred to as "the Control Order". Fertilizer (Control) order, 1985 is promulgated by the Central government in exercise of the powers under section 3 of the Essential Commodities Act and violation of the said clause is punishable under Section 7 of the Essential Commodities act and whoever abets the said offence is liable to be punished under Section 8 of the act. In the instant cases, prosecutions were launched under the said provisions. Petitions came up for dropping the proceedings because of the judgment rendered by this court in Crl. P. No. 2578 of 1994. The said judgment was rendered basing upon the judgment rendered by the Punjab and haryana High Court in Civil WP No. 15786 of 1995 dated 16-9-1996. The said judgment was also followed by two learned single judges. But, later on, it came to light that the judgment of the learned single Judge of punjab and Haryana High Court was set aside by a Division Bench of the said Court in Letters Patent Appeal No. 1039 of 1996 (arising out of Civil WPNo. 15162 of 1995 ). The said judgment of the Division Bench of punjab and Haryana High Court was rendered on 29-7-1997. In view of the same, the matters are referred to the Bench for authoritative pronouncement.

( 2 ) UNDER clause 3 of the Control Order, the Central Government, by notification, is empowered to fix the price of the fertilizers. Clause 4 obligates a dealer to display stock position and price list of the fertilizers. Clause 5 obligates a dealer to issue a cash or credit memorandum to a purchaser of fertilizer in the prescribed form. Clause 6 empowers the Central Government the distribution control. Under clause 7, dealers have to be registered. Under clause 10, the tenure of the said certificate, if issued, will be valid for 3 years and thereafter, it has to be renewed. Clauses 12, and 13 relate to mixture of the fertilizers and the specification thereof. Clause 14 obligates such manufacturer of mixtures of fertilizers to obtain a certificate with conditions enumberated. Under clause 17, the period of such certificate is prescribed as 3 years, subject of course to renewal in clause 18. Under clause 19 (1) no person shall himself or by any other person on his behalf - (a) manufacturer for sale, sell, offer for sale, stock or exhibit for sale or distribute any fertiliser which is not of prescribed standard; Under clause 19 (1) (b), no person shall by himself or by any other person on his behalf manufacture for sale, sell, offer for sale, stock of exhibit for sale, or distribute any mixture of fertilisers or mixture of NPK Fertilisers, mixture of micro- nutrient fertilisers and combination thereof which is not of prescribed standard, subject to such limit of permissible variation as may be specified from time to time by the central Government or special mixture of fertilisers which does not conform to the particulars specified in the certificate of manufacture granted to him under this order in respect of such special mixture. Under clause 19 (1) (c), no person shall himself or by any other person on his behalf, sell, offer for sale, stock or exhibit for sale or distribute (i) any fertiliser the container where of is not packed and marked in the manner laid down in this order; (ii) any fertiliser which is an imitation or a substitute for another fertiliser under the name of which it is sold; and (iii) any fertiliser which is adulterated. Explanation to clause 19 clarifies that a fertiliser shall be deemed to be adulterated, if it contains any substance the addition of which is likely to eliminate or decrease its nutrient contents or make the fertilisers not conforming to the prescribed standard. Clause 20 empowers the Central Government to fix separate spefications in respect of imported fertilisers. Clause 28 of the Control order enables the

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