N.K.Kapoor, J.

1. Challenge in this set of cases (LPA No. 1039 of 1996 and C.W.P. Nos. 5175 5176 and 6771 of 1996) is to the judgment of Shri R.L. Anand, J. dated 16.9.1996 declaring the notification No. G.S.R. 758(E) dated 25.9.1985 issued under Section 3(1) of the Essential Commodities Act, 1955 (hereinafter referred to as the Act) to be violative of Articles 19 and 21 of the Constitution of India, thus, striking it down, consequently quashing the proceedings launched for the prosecution of petitioners.

2. Learned Single Judge made reference to facts in C.W.P. No. 5643 of 1995. As per the case of the petitioner in the aforesaid writ petition a sample of DAP Fertilizer was drawn by the respondents-the authorities from the premises known as IFFCO Service Centre, Zira on 5.9.1990. This sample was sent to Fertilizer Quality Control Laboratory, Ludhiana vide order dated 7.9.1990 and as per Laboratory analysis the same was found to be non-standard grade. As per narration of facts in the aforesaid writ petition at the time of drawing of sample three samples tests were prepared. One such sample was given to the petitioner and another remained in the custody of respondent No.4 and