The main legal point established in the judgment is the importance of detailed documentation of the procedure followed in drawing samples of fertilizers to ensure compliance with the law and maintain fairness in the proceedings.

JUDGMENT

Pushpendra Singh Bhati, J. - Learned counsel for the petitioner has preferred this petition with the following prayer:-

"In the wake of above submissions, it is respectfully prayed that this petition may kindly be allowed and the present impugned Complaint No. 283/03 dated 24.09.2003 u/s. 3 & 7 of Essential Commodities Act, 1955 read with the provisions of Clause 19 of the Fertilizer Control Order, 1985 titled as "State v. M/s. Chittari Agricare Pvt. Ltd. and Others" as pending adjudication in the Court of Ld. CJM, Sri Ganganagar at Annexure P-1, Summoning Order dated 24.09.2003 at Annexure P-2, Order dated 06.02.2017, as passed by Ld. CJM, Sri Ganganagar at Annexure P-3 and all consequential proceedings arising there from qua the Petitioner-Company may kindly be quashed by this Hon'ble Court.

It is further prayed that further proceedings pending in the present Complaint case in the Court of Ld. CJM, Sri Ganganagar may kindly be stayed till the final decision of the present petition by this Hon'ble Court."

Prayer made in S.B. Crl. Misc. Petition No. 5606/2021 is as under:-

"In the wake of above submissions, it is respectfully prayed that this petition may kindly be allowed and the present impugned Complaint No. 282/03 dated 24.09.2003 u/s. 3 & 7 of Essential Commodities Act, 1955 read with the provisions of Clause 19 of the Fertilizer Control Order, 1985 titled as "State v. M/s. Verma Agro Agency & Ors." as pending adjudication in the Court of Ld. CJM, Sri Ganganagar at Annexure P-1, Summoning Order dated 24.09.2003 at Annexure P-2, Order dated 06.02.2017, as passed by Ld. CJM, Sri Ganganagar at Annexure P-3 and all consequential proceedings arising there from qua the Petitioner-Company may kindly be quashed by this Hon'ble Court.

It is further prayed that further proceedings pending in the present Complaint case in the Court of Ld. CJM, Sri Ganganagar may kindly be stayed till the final decision of the present petition by this Hon'ble Court."

2. Learned counsel for the petitioner submits that the present case arises out of a complaint made on 18.10.2000, whereby one Fertilizer Inspector drew a sample of one fertilizer namely Zinc EDTA Nutriment Brand from the depot of the company situated at Sri Ganganagar.

3. The precise submission of the counsel for the petitioner is that Fertilizer Control Order 19 85 is invoked as issued under Section 3 of the Essential Commodities Act, 1955 and such order stipulated mandatory procedure to be followed by Fertilizer Inspector.

4. Learned counsel for the petitioner has drawn attention of this Court to the Schedule (II) of para A of Fertilizer Control Order, 1985, the relevant provisions of which are as follows:-

Part-A

PROCEDURE FOR DRAWAL OF SAMPLES OF FERTILIZERS

1. General requirement of sampling:

In drawing samples, the following measures and precautions should be observed.

(a) Samples shall not be taken at a place exposed to rain/sun;

(b) The sampling instruments shall be clean and dry when used;

(c) The material being sampled, the sampling instrument and the bags of samples should be free from any adventitious contaminations;

(d) To draw a representative sample, the contents of each bag selected for sampling should be mixed as thoroughly as possible by suitable means;

(e) The sample should be kept in suitable, clean dry and air tight glass or screwed hard polythene bottle of about 400 gm capacity or in a thick gauged polythene bag. This should be put 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 No./Code No. or any other details which enables its identification;

(f) Each sample bag should be sealed air tight after filling and marked with details of sample, type and brand of fertilizer, name of dealer/manufacturer/importer and the name of Inspector who has collected sample.

2. Sampling from bagged material:

(i) Scale of sampling

(a) Lot (for manufac