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 stri