S.D.Bajaj, J.

1. Sample of fertilizer obtained from the dealer was found to be sub-standard on analysis. Learned trial Court convicted-the dealer vide its, impugned judgment dated November 13, 1981 and sentenced him to undergo rigorous imprisonment for a period of one year and to pay Rs. 1000/- as fine. In default of payment of fine, the convicted accused was ordered to undergo rigorous imprisonment for a further period of 3 months. In appeal, vide its impugned judgment dated May 31, 1982 learned lower Appellate Court set aside the conviction and sentence and acquitted the accused holding that the procedure prescribed for taking the sample set out in Schedule II of the Fertilizer Control Order, 1957 had not been followed. Feeling aggrieved therefrom the State of Punjab has filed Criminal Appeal No. 418-DBA of 1983 in this Court.

2. We have heard Shri Randhir Singh, AAG Punjab for the appellant, Shri S. S. Nijjar, Senior Advocate, with Sarvshri S. S. Dhaliwal, Ravinder Chopra, Surinder Mohan Lal Arora and Arun Chandra, Advocates, for the respondents and carefully perused the relevant record. Three more Criminal Appeal Nos. 419, 589 and 590 all DBA of 1983 also arise from the