G.B. SHAH, J.

1. Present appeal assails the judgment and order dated 11/08/2000, passed by the learned Special Judge and Additional Sessions Judge, Jamnagar, in Special Criminal Case No. 6 of 1994, whereby, the present appellants-original accused Nos. 1 and 2 and other two accused, came to be convicted for the offence punishable under Section 7(1)(a), 2 of the Essential Commodities Act, 1955 (for brevity, ‘the EC Act’) for breach of Order 19(1)(a) of Fertilizer Control Order, 1985 (for brevity, ‘the Order 1985’) and sentenced to fine of Rs. 1,000/- each and except Patidar Fertilizers, the original accused No. 1 and Adarsh Chemicals and Fertilizers Ltd., the original accused No. 3, the original accused Nos. 2 and 4 sentenced to undergo simple imprisonment (SI) for three months and in default of payment of fine, to undergo further SI for one month.

2. Facts of the prosecution case in nutshell are that the appellant No. 1 is the partnership firm running in the name and style of Patidar Fertilizers which was having dealership of accused No. 3 company namely Adarsh Chemicals and Fertilizers Limited, engaged in the business of manufacturing of fertilizer. The appellant No. 2 was