The main legal point established in the judgment is that the non-compliance with the mandatory provisions of the sampling procedure as prescribed in Schedule II of the Fertiliser (Control) Order, 1985, invalidated the proceedings and led to the acquittal of the accused.

JUDGMENT

Sanjay Vashisth, J. - This judgment shall dispose of three appeals, bearing Nos. CRA-S-2237-SB-2003, CRA-S-2260-SB-2003 and CRA-S-2293-SB-2003, filed against the judgment of conviction and order of sentence, dated 22.11.2003, passed by learned Special Judge, Kapurthala, in Complaint Case No. 9 of 20.10.1997/RBT No. 23 of 01.08.2002, vide which the accused/appellants were held guilty for contravention of the provisions of Clause 19 of the Fertiliser (Control) Order, 1985 (hereinafter referred to as 'the 1985 Order') and convicted for the offence punishable under Section 7 of the Essential Commodities Act, 1955 (hereinafter referred to as 'the 1955 Act').

Convicts - Kulwant Singh, Kewal Singh, Harbans Singh, Sadhu Singh and Nirbhai Singh were sentenced to undergo rigorous imprisonment for a period of two years each and to pay fine of Rs. 3,000/- each and in default of payment of fine to undergo further rigorous imprisonment for a period of one month each, whereas M/s Janta Fertilizer Centre, Mandi Road, Sultanpur Lodhi, and M/s Munak Chemicals Limited Bathinda were sentenced to pay fine of Rs. 5,000/-each for the offence punishable under Section 7 of the 1955 Act.

2. Criminal Appeal No. CRA-S-2237-SB-2003, has been filed by the distributors, i.e. (1) M/s Janta Fertilizer Centre, Mandi Road, Sultanpur Lodhi, through Kewal Singh, (2) Kewal Singh, (3) Harbans Singh, and (4) Sadhu Singh.

Criminal Appeal No. CRA-S-2260-SB-2003 has been filed by the dealer Kulwant Singh (sole proprietor of M/s Rana Khad Store, Dalla, District Kapurthala).

And, Criminal Appeal No. CRA-S-2293-SB-2003 has been preferred by the manufacturers, i.e. (1) M/s Munak Chemicals Limited, Dabwali Road, Bathinda, and (2) Nirbhai Singh. No separate appeal was filed by M/s Rana Khad Store, Dalla, District Kapurthala.

3. During pendency of aforementioned appeals, Kewal Singh (appellant No. 2 in CRA-S-2237-SB-2003) expired on 17.04.2015, and vide order dated 14.10.2015, appeal qua him stands abated.

4. Facts of the case are that on 28.09.1995, Pirthipal Singh, Fertilizer Inspector alongwith Nirmal Singh, Agricultural Development Officer, inspected the premises of M/s Rana Khad Store, Dalla, District Kapurthala, in the presence of its sole proprietor Kulwant Singh. A notice was served upon him by Prithipal Singh, showing his intention for taking sample of fertilizer, for the purpose of analysis under the 1985 Order, which was received by Kulwant Singh. Stock register of Dealer was inspected, in respect of 'Pooja Brand Single Super Phosphate 16% W.S. 05 (Powder)', manufactured by M/S Munak Chemicals Ltd, Dabwali Road, Bathinda. According to the stock register, there were 93 stitched bags of 50 Kgs each. Pirthipal Singh signed the stock register at page No.36. Said stock of fertilizer was received on 21.09.1995 by the dealer, i.e. M/s Rana Khad Store, vide Bill No. 921 dated 22.09.1995, through M/s Janta Fertilizer Centre, Sultanpur Lodhi, and Batch No. 3H 951 was mentioned thereon.

5. Prosecution further alleges that by following the procedure of drawing the sample, as laid down in Schedule II of the 1985 Order, Pirthipal Singh prepared sample detail in duplicate in Form-3, Sr. No. 5561, in the presence of Nirmal Singh, Agricultural Development Officer, and Kulwant Singh. Form-J was signed by both of them and Kulwant Singh availed the opportunity of affixing the seal on Form-J, bearing 'RKS'. One copy of Form-J was handed over to Kulwant Singh.

6. Thereafter, three bags of aforesaid fertilizer were selected at random, bearing Nos. 2, 25, 48. Prithipal Singh, then inserted the sampling probe into the selected bags from one corner to another diagonally, collected fertilizer on clean dry polythene sheet, mixed it properly and divided it into four equal portions. Removing diagonal