Strict compliance with the mandatory provisions of Rule 1 of Schedule II of the Fertilizer Control Order is essential to ensure the integrity and reliability of the sample taken for analysis.

B.S. Nehra, J. - This appeal is directed against the judgment dated 6.5.1988 of Shri M.L. Singal, Special Judge, Patiala, acquitting the respondents of the charge under Section 7 read with Section 10 of the Essential Commodities Act, 1955, for having been found in possession of sub standard fertilizer for sale, thereby contravening the provisions of the Fertilizer Control Order, 1957.

2. On 11.7.1984, Shri Narinder Singh, Agriculture Inspector, Patiala, visited the business premises of M/s Karam Chand Rajinder Kumar, situated in New Grain Market, Patiala, which was dealing in the sale and Purchase of fertilizers. Radhey Sham, respondent No. 5, was working as the Salesman on the shop of this firm. 27 bags of single superphospate 16% Asha Brand were found lying in the shop for sale. The Agriculture Inspector selected three bags at random out of 27 bags of fertilizer for taking out sample. He took half kg. of fertilizer from each of those three bags. Quantity so taken out of the fertilizers was spread on a paper and was thoroughly mixed. The same was divided into three parts. Each parts was put into separate polythene bags, which were dry and clean. These were tied with a string and made air tight. These were polythene bags were then put in three other bags. Slips bearing the particulars of the case were put in between the sample bags and the other bags in which the sample bags had been put in. The envelopes were sealed with the seal of Fertilizer Inspector, Patiala. Memo Exhibit PA was prepared with regard to the sampling process. One sample was given to the Radhey Sham along with a copy of memo Exhibit PA and the other two samples and memos were deposited in the office to the Chief Agriculture Officer. After processing the case, communication Exhibit PC was sent by the Chief Agriculture Officer, Patiala, to the Senior Superintendent of Police, Patiala, for registration of the case against M/s Karam Chand Rajinder Kumar under Section 7 of the Essential Commodities Act read with clause 13(i)(a) of the Fertilizer Control Order, 1957, and Section 10 of the Essential Commodities Act, 1955. After the receipt of the report of the Analytical Chemist, Punjab, Exhibit PF, according to which the sample taken from the shop of the firm was found not conforming to the standard of the fertilizer prescribed under Schedule 2 of the Punjab Fertilizer Control, M/s Karam Chand Rajinder Kumar and its partners were challaned. The Special Judge, Patiala, thereafter charged the respondent under Section read with Section 10 of the Essential Commodities Act as they were found to be in possession of sub-standard fertilizer for sale and thereby they contravened the provisions of Fertilizer Control Order, 1957. They pleaded not guilty to the charge and claimed trial.

3. In order to substantiate the charge against the respondent, the prosecution examined PW1 Shri Narinder Singh, Cane Development Inspector, Dakala, who on 11.7.1981 was posted as Agriculture Inspector, Patiala, PW2 ASI Joginder Pal of Police Station Sadar Patiala, PW3 ASI Teja Singh, Police Station Civil Lines, Patiala, PW4 Darshan Singh, Agriculture Inspector, Soil Testing Laboratory, Morinda, PW5 Karnail Singh, PW6 Bal Krishan, Dealer, Fertilizer, and PW7 Shri Kartar Singh, Soil Testing Officer, Moga. After the conclusion of the prosecution evidence, the statements of the respondents were recorded under Section 313 of the Criminal Procedure Code. They pleaded that they have been implicated falsely and added that while taking the sample, the Agriculture Inspector did not comply with the procedure prescribed in the Fertilizer Control Order for taking the sample.

4. After hearing Shri Randhir Singh, Assistant Advocate General, Punjab for the appellant and Shri R.S. Ahluwalia, Advocate, for the respondents, we find that there is no merit in this appeal.

5. At the outset, it is necessary to set out the provisions of Rule I in Schedule II of the Fertilizer Control Order. It reads as under