P.B. Bajanthri, J.

The appellant was subjected to criminal proceedings under the Essential Commodities Act, 1955 among others in the complaint case No. 2 of 05.07.1996/RBT No. 20 of 01.08.2002. The appellant has been convicted under Section 7 of the Essential Commodities Act, 1955 to undergo rigorous imprisonment for a period of 2 years and to pay fine of Rs. 5000/-in default of payment of fine to undergo further rigorous imprisonment for a period of 2 months on 23.04.2004. The appellant feeling aggrieved by the sentence and fine, presented this appeal.

2. Gist of the case are that on 291993, Kuldip Singh, Fertilizer Inspector, accompanied by Sarabjit Singh, Agricultural Development Officer, (Plant Protection), Kapurthala, inspected the premises of M/s Punjab Agro Industries Corporation Ltd; V & P.O Miani Bakarpur, Tehsil and District Kapurthala. Ajit Singh, Incharge of the Corporation, was present there. The Fertilizer Inspector, gave a notice, showing his intention of taking the sample of fertilizer, for the purpose of analysis, under the Fertilizer (Control) Order 1985 (hereinafter to be called as the Order Only), which was received by him (Ajit Singh). The Fertilizer