1. This Criminal Appeal arises out the prosecution of the appellants for the violation of Clauses 13 (1), 13(2) and 19(b) of the Fertiliser (Control) Order, 1985, which is punishable under Section 7(1)(a)(ii) of the Essential Commodities Act, 1955.

2. The appellants are arrayed as A.1 to A.3. The first respondent/complainant is the Agricultural Officer (Plant Protection), Kuthuthurai and he has also been appointed as Fertiliser Inspector, vide Government Notification under Clause 27 of the Fertiliser (Control) Order, 1985. On 19.06.1997, one Y.Rajakumar (P.W.1), who was working as Agricultural Officer (Plant Protection) cum Fertiliser Inspector, in terms of the power to draw samples of any premises where any Fertiliser is manufactured or stored or exhibited for sale and prosecute, etc., inspected the premises of the second respondent/A.4 and verified the stock of 17:17:17 complex of the fertiliser and decided to take samples from the stitched bags. In terms of the procedure contemplated under Schedule II Part-A.2(c) of the Fertiliser (Control) Order, 1985, the said witness opened two selected bags and spread it on a clean hard surface and mixed it thoroughly to form a cone l