The main legal point established in the judgment is that for criminal liability under the Control Order to be established, all the requirements of the Order must be met, including proving the appointment of responsible persons and the authority of the complainant to draw the sample.

JUDGMENT

Kuldip Singh, J. - Present appeal has been filed against judgment and order dated 13.12.2003, passed by the Presiding Officer, Special Court, Kurukshetra, vide which, the appellants M/s Virender Agro Chemical Ltd. and Raj Kumar Thakral, responsible person of M/s Virender Agro Chemical Ltd. were convicted under Clause 19(1)(a) of the Fertiliser (Control) Order 1985 (in short, 'Control Order') read with Section 7 of the Essential Commodities Act, 1955 (in short, 'the Act') and sentenced as under:-

2. Facts of the case are that the appellant-accused M/s Varinder Agro Chemicals Limited, Ludhiana is the manufacturer of fertilizer and Raj Kumar Thakral is its responsible person. On 17.7.1997, Sh.S.K.Poonia, QCI (functioning as Fertilizer Inspector), visited the premises of M/s Laxmi Fertilizers, New Grain Market, Kurukshetra. At that time Ram Rattan, Salesman of said firm was found looking after the functioning of the said firm. Complainant took a sample of Single Super Phosphate 16% fertilizer (in short SSP) for the purpose of analysis. There were 103 bags of 50 kgs each in the stock. The fertilizer was manufactured by the appellant M/s Varinder Agro Chemicals Limited and was sold to the said firm M/s Laxmi Fertilizers, New Grain Market, Kurukshetra. Three bags out of 103 bags were selected as per procedure, by turning these bags 4-5 times up and down. Sample was drawn in compliance with provisions of Clause 28(1) (b) of Control Order and procedure laid down in schedule-II thereof. 1 kgs of fertilizer was then separated as sample with the sampling probe which was clear and dry. The retrieved fertilizer from the bags through the probe then was thoroughly mixed on level clear hard surface by turning it upside and down 2-3 times. The fertilizer was then divided in three equal parts. Each part of the sample was kept in neat, clean, dry, thick gauged polythene bags. These bags were put into cloth bags. Detailed descriptions thereof was mentioned in Form J, which was signed by the complainant and Rattan Singh, salesman. These bags then sealed as per procedure by the complainant. The entire process was undertaken in the presence of Rattan Singh, salesman. One part of the sample was given to Rattan Singh, salesman, whereas remaining two parts of the sample were handed over to the DDA, Kurukshetra, through Ram Sarup Clerk (PW2).

3. On 21.7.1997, DDA Kurukshetra sent one part of the sample to the State Quality Control Laboratory (Fertilizer) Karnal in terms of the provisions of Clause 30(1) of the Control Order through Surajmal, Fieldman (PW3) for analysis. On analysis in the laboratory, sample was found to be non standard. Copy of the report was sent to M/s Laxmi Fertilizers, New Grain Market, Kurukshetra on 29.7.1997, as per provisions of Clause 30(1) of Control Order. Copy of the report was also sent to manufacturer on 29.8.1997. The complaint was thereafter filed by Sh.S.K.Poonia, Quality Control In