The mandatory sampling procedure prescribed in Schedule II of the Fertilizer Control Order, 1985, must be strictly followed by the fertilizer inspector.

1. The instant misc. petition has been preferred by the petitioner M/s. Chittari Agricare Pvt. Ltd. through its Area Sales Manager for quashing of the summoning order dated 6.2.2006 and the entire proceedings of Cr. Complaint Case No. 50/2006 "State v. Vikram Singh & Ors." pending in the court of the learned Additional Chief Judicial Magistrate, Merta City for the offence under Section 7 of the Essential Commodities Act read with Clause 19 of the Fertilizer Control Order.

2. The petitioner firm is involved in the production and marketing of various kinds of fertilizers etc. On 4.1.2005 the respondent Fertilizer Inspector, Jodhpur drew a sample of micro-nutrient mixed fertilizer bearing batch No. 13 manufactured by the petitioner firm from its dealer M/s. Veer Teja Agro Agency, Merta Road, Nagaur. One part of the sample was forwarded to the State Fertilizer Quality Control Laboratory, Jodhpur and was found not conforming to standards upon analysis. The laboratory forwarded its analysis report dated 27.1.2005 to the Inspector with the aforesaid conclusion. A show cause notice was served on the petitioner firm by the office of Joint Director of Agriculture, Jodhpur intimating it of the aforesaid analysis report. The petitioner firm submitted its reply to the show cause notice.

3. Thereafter, a referral part of the sample was sent for re-analysis to the Fertilizer Testing Laboratory, Warangal, Andhra Pradesh and as per its analysis report dated 24.12.2005, the second part of the sample was also found to be non-standard. The Inspector thereafter instituted the complaint in question in the court of learned Additional Chief Judicial Magistrate, Merta City on 6.2.2006. The learned trial Court vide order dated 6.2.2006 issued process against the persons arrayed as accused in the complaint.

4. The petitioner firm has approached this Court by way of the instant misc. petition under Section 482 Cr.P.C. assailing the validity and correctness of the proceedings of the complaint as well as the summoning order.

5. Mr. Rakesh Verma, learned counsel for the petitioner submitted that the Fertilizer Control Order, 1985 was issued under Section 3 of the Essential Commodities Act, 1955 and it contains specific provisions prescribing the manner in which the samples of fertilizers are to be drawn. The procedure prescribed for drawl of samples in the relevant provisions of the Fertilizer Control Order 1985 is mandatory. He referred to Part A, Schedule II of Fertilizer Control Order notified under Clause 28(1)(b) and 29, which prescribes the mode of drawing of samples. Learned counsel pointed out that as per Clause 1 (e) of the Schedule, after drawing the sample, it has to be kept in a suitable clean, dry and air tight glass or screwed hard polythene bottle of about 400 gm capacity or in a thick gauged polythene bag. The sample packed in this fashion has thereafter to be placed in a cloth bag which may be sealed with the Inspector's seal after putting inside the detailed description as specified in Form 'J' Identifiable details may also be put on the cloth bag like sample number/Code number or any other details which enables its identification. As per Clause 1(f), each bag is to be sealed air tight after filling and being marked with details of sample, type and t rand of fertilizer name of dealer/manufacturer/importer and the name of Inspector who has collected the same.

6. Learned counsel contended that in the case at hand, there is no material to show that the Fertilizer Inspector drew the sample in accordance with the mandatory procedure prescribed in Schedule II. He took this Court through the contents of the complaint as well as the inspection memo and submitted that the Inspector made a bald assertion in the inspection memo that a composite sample was prepared in accordance with the Fertilizer Control Order, 1985 and the thereafter, three samples of the fertilizer were sealed. One of the samples was handed over to the trader Vikram Singh a