M.M.Aggarwal, J.

1. This judgment shall dispose of Criminal Appeal No. 14-SB of 1994 and Criminal Appeal No. 22-SB of 1994, as they arise out of common judgment dated 7.1.1994 of Special Judge, Gurdaspur.

2. Sat Pal and Kuldip Singh accused-appellants who had been convicted for offence under Section 7 of the Essential Commodities Act, vide judgment dated 7.1.1994 of Special Judge, Gurdaspur, had filed two separate appeals. Vide that judgment both the accused had been sentenced to undergo RI for two years each and to pay fine of Rs. 5,000/-. In default of payment of fine to further undergo RI for three months.

3. The police had originally challaned Sat Pal for offence under Section 7 of the Essential Commodities Act for violating clause 19(1)(a) of the Fertilizer Control Order, 1985 issued under Section 3 of the Act. During trial, Kuldip Singh manufacturer was also summoned to face trial.

4. The prosecution case against accused appellants was that on 26.5.1988 Kanwaljit Singh Fertilizer Inspector Gurdaspur Block had visited the godown of IFFCO situated on G.T. Road, Gurdaspur. Sat Pal accused was present as employee/salesman. There were 707 bags of Zinc sulphate weighing 20