The main legal point established in the judgment is that an authorized person of a dealer firm cannot be held responsible for sub-standard goods without evidence of their involvement.

JUDGMENT

Sanjay Vashisth, J. - Appellant - Ragbir Singh filed present appeal challenging judgment of conviction and order of sentence dated 18.07.2005, passed by learned Special Judge, Hoshiarpur, in E.C. Complaint No. 16 of 03.05.1996, recording conviction under Section 7(1)(a)(ii) of the Essential Commodities Act, 1955 (for short, 'the Act'), for violating the provisions contained in Clause 19(1)(a) of the Fertilizer Control Order, 1985 (for short, 'Control Order'), issued under Section 3 of the Act. Appellant was sentenced as under:-

2. Co-accused of the appellant, namely, Gurdip Singh Chahal (respondent No. 2), who allegedly was Shift Incharge of M/s Agro Chem. Punjab Limited, Village Singhpura, District Patiala, and responsible for compliance of Clause 24 of the Control Order, and Kewal Singh Dhillon (respondent No. 3), who was Managing Director of M/s Agro Chem. Punjab Limited, Village Singhpura, District Patiala, were acquitted, giving them benefit of doubt. Thus, the appellant was the sole convict in the present case, who was Dealer and the sole proprietor of the said firm.

3. Facts giving rise to filing of complaint, as noticed from paragraph Nos. 2 and 3 of the judgment of Trial Court, says as under:-

'2. The facts giving rise to the instant complaint are that Raghbir Singh accused no. 1 was the sole proprietor of M/s. Gill Brothers, Kot Fatuhi and the said firm was dealing with the business of fertilizer, as per the retail dealers registration certificate No, 41/143 valid upto 31.3.93 which was renewed on 1.4.93 for further three years. Balvinder Singh Agriculture officer was notified as Fertilizer Inspector vide Punjab Govt. Notification 7643-Agri.II (X) / 72 / 32532 dated 28.12.92 under clause 27 of the Control order, as such, he was duly authorised to exercise his powers as per section 28 of the control order to draw the sample of fertilizer. On 29.12.93, Balwinder Singh Chela, Fertiliser Inspector accompanied by Kulbir Singh Fertilizer Inspector Kot Fatuhi, drew sample of Single Super Phosphate (powder) 16% Jat Brand manufactured by M/s. Agro Chem Punjab Limited, Singhpura, distt. Patiala, Punjab. The said test sample was perfectly drawn absolutely in consonance with the Procedure prescribed under the Fertilizer Control Order in the presence of Raghbir Singh Sole Proprietor of the firm M/s Gill Brothers Kot Fatuhi, Hoshiarpur. There was a stock of 63 bags weighing 50 kgs. each of Single Super Phosphate 16% (powder) Jat Brand, He selected two bags at random according to the table provided in the Control Order. All the bags, out of which the sample was drawn, were of the same brand i.e. Jat Brand. Single Super Phosphate bags were stored, arranged and kept systematically in rows in the shop. The sample was taken with the help of sampling probe, made of brass which was clean and dry.

3. The fertilizer was taken out from the two selected bags of Single Super Phosphate, Jat Brand by inserting sampling probe from one corner to another diagonally, and the fertilizer so taken out was put on dry polythene sheet which was weighing approximately 4 to 5 kgs. Then it was spread, mixed thoroughly and made homogenous with the help of hard paper and was divided into four equal parts. Then he removed two diagonally opposite parts and such operation was repeated till the composite sample remained approximately 1.5 kgs. and then it was divided into three approximately equal parts weighing about 400 grams each. Each of the sample was immediately transferred into clean and dry thick gauged polythene bags and each test sample so prepared was further put into empty cloth bag along with form-J which was clean and dry. Raghbir Singh proprietor ofthe firm, who was present at the time of drawing sample, also appended his signatures on seizure memo i.e. form-J. Five copies of form-J were prepared at the spot by the Fertilizer Inspector Balwinder Singh who dul