JUDGMENT :

1. Aggrieved by the conviction and sentence imposed on him under Clause 19(1)(a) of Fertilizer (Control) Order, 1985 read with Section 7(1)(a)(ii) of the Essential Commodities Act, 1955 in C.C. No. 13 of 1994 by the judgment dated 25-11-1997 of the Special Judge under the Essential Commodities Act (Sessions Judge), Guntur, the third accused preferred the present appeal.

2. The facts leading to the appeal are that the Agricultural Officer (Inputs), Ponnuru, who was declared as Fertilizer Inspector, had drawn the sample of single super phosphate 16% from the first accused dealer's shop at Ponnuru on 23-12-1991 as per the procedure laid down in Fertilizer (Control) Order, 1985. One portion of the sample was sent to F.C.O. Lab, Ananthapur for analysis, the second portion was handed over to the first accused under a mediatornama and the third portion was retained with the Agricultural Officer. The Assistant Director of Agriculture (F.C.O.) Lab, Ananthapur, notified as Analytical Chemist, duly analysed the sample as per the prescribed procedure and declared it as not according to specification, as the active ingredient P205 is 15.02% as against 16% guaranteed nutrient material.