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 Inspector, then inspected the dealer's registration and stock register, in respect of "Jat Super" Single Super Phosphate 16%W.S, P2 P5 (Granulated), manufactured by M/s Agro Chem. Punjab Ltd; village Singhpura (Dera Bassi), Distt. Patiala. According to the stock register, there were 191 stitched bags of 50 kg. fertilizer each. Kuldip Singh, Fertilizer Inspector, signed the stock register, at page No. 40. This fertilizer was received by the firm, on 5.6.1993, through dispatch order Challan No. 411 dated 4693. He checked the lot number and date of manufacture, on each bag. It was not mentioned on any bag. He also checked the Challan, aforesaid, to verify the lot number. It was also not mentioned therein. Thereafter, the Fertilizer Inspector, prepared the sampling detail, in duplicate, in Form 3 J, in the presence of Ajit Singh, Accused, aforesaid. Both of them put their signatures, on Form J. One copy of Form J, was handed over to Ajit Singh. Three bags, bearing Nos. 7, 71 and 135 were selected, at random. Thereafter the Fertilizer Inspector, inserted the sampling probe diagonally, from one corner to another, in those selected bags. The fertilizer so collected, was put on a clean and dry polythene sheet. It was mixed properly and divided into four equal parts. Two diagonally opposite parts, were removed. The remaining parts were again mixed together forming a composite sample of 1.500 kgs. This composite sample was again spread on the dry, clean and thick polythene and divided into 3 approximate portions of equal weight. Each of the sample parts, was put into dry, clean and thick polythene sheet bags and the same were tied, to make the same airtight. Then four detailed descriptions as specified in Form J and three Form K, under clause 30(1) of the Order, were filled in, in the presence of Ajit Singh, Incharge of M/s Punjab Agro Industries Corporation Ltd; V. & P.O Miani Bakarpur, Tehsil and District Kapurthala, and Sarabjit Singh, who put their signatures, on Form J. The detailed description in Form J alongwith each of the sample portion in polythene bags was put into three cloth bags separately, which were sealed with the seal bearing impression FI. Ajit Singh was given opportunity to put his seal impression on Forms J and K and on each portion of the sample. He availed of this opportunity as he put his seal bearing impression PAIC. Then the Fertilizer Inspector, put serial No.1, on the cloth bags, as identification mark of sample. One portion of the sample, was given to Ajit Singh and his signatures were obtained on Form J, in this respect. On 3993, the remaining two portions of the sample alongwith Forms J and K (two in each) were deposited, with the Chief Agricultural Officer, Kapurthala, vide letter of the even date by Kuldip Singh. Balwinder Sin