A.N.Jindal, J.

1. Accused-appellant Hari Krishan was slapped with sentence of rigorous imprisonment for one year and fine of Rs. 1,000/-, for keeping in his possession Dia-ammonium Phosphate [DAP (PPL)], a sub-standard fertilizer, vide judgment dated 27.9.1996 passed by Special Judge, Ferozepur.

2. On 6.11.1991, Sucha Singh Fertilizer Inspector accompanied by Davinder Kumar, Junior Technician and Rajinder Kumar, Beldar raided the shop of Hari Krishan, and he found 52 bags of fertilizer known as DAP (PPL) lying in the shop. 2 kg of fertilizer from each bag was taken out as sample, which was spread over a piece of paper and after mixing and stirring the same homogeneously, it was divided into three equal parts. Each part was transferred into a polythene bag and was wrapped in a cloth air tight bag separately. Form `J was prepared and four copies of seizure memo were prepared and one copy of it was put in each bag. However, Hari Krishan- appellant and Karam Chand, his servant declined to sign the seizure memo. Each part of the sample was sealed with the seal of Fertilizer Inspector bearing impression `FI-AGR-FZR. One sample was handed over to Karam Chand, while two parts of sa