IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH Date of decision: 04.03.2025

1. CRA-S-436-SB-2004 (O&M) M/s Vishnu Trading and others ... Appellants Vs.

State of Punjab ... Respondent

2. CRA-S-438-SB-2004 (O&M)

M/s National Fertilizers Limited and another ... Appellants Vs.

State of Punjab ... Respondent CORAM: HON'BLE MR. JUSTICE HARPREET SINGH BRAR Present: Mr. Jugansh Goyal, Advocate for Mr. Denesh Goyal, Advocate for the appellants (in both appeals).

Mr. Subhash Godara, Addl. A.G., Punjab.

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HARPREET SINGH BRAR, J.

1. This common judgment shall dispose of aforementioned two appeals preferred against the judgment of conviction dated 10.02.2004 and the order of sentence of even date passed by learned Special Judge, Kapurthala, in Complaint case No.3 of 23.05.2001, RBT No.27 of 01.08.2002 under Sections 7 & 12AA of Essential Commodities Act, 1955 (for short ‘EC Act’) read with Clause 19(1)(a), 19(1)(c) and (v) of Fertilizer Control Order, 1985 (for short ‘FC Order’), vide which the appellants were convicted under Section 7 of EC Act and were sentenced to undergo rigorous imprisonment for a period of two years and to pay a fine of Rs.5,000/- along with default mechanism and in addition to that, the appellants-firms were also ordered to pay a fine of Rs.5,000/- each.

2. In nutshell, the facts of the case are that M/s Kalgidhar Khad Store, Bholath, District Kapurthala, of which Jaswant Singh was sole proprietor at the relevant time, was an authorized dealer of manufacturing firm M/s National Fertilizer Ltd., Nangal, for the sale of CAN 25% Kissan Khad and was holding dealership registration certificate No.9/300 dated 08.04.1992 issued by Chief Agricultural Officer, Kapurthala, which was valid upto 07.04.1995. On 04.10.1994, Raghbir Singh, Fertilizer Inspector along with Harbhajan Singh, Agricultural Development Officer, Nadala inspected the premises of M/s Kalgidhar Khad Store and Jaswant Singh was present there.

Raghbir Singh, Fertilizer Inspector, after disclosing his identity to him, served a notice under FC Order to analyze the fertilizer, which was received on 15.09.1994 by the firm of Jaswant Singh, who put his signatures alongwith seal impression ‘Key’. Thereafter, stock register was checked by Fertilizer Inspector, according to which, there were 49 CAN bags each containing 50 kg fertilizer and he signed the stock register at page No.36. Then he randomly selected two bags bearing No.24 & 48 and inserted the sampling probe from one corner to another diagonally in it and then fertilizer was collected on clean and dry polythene sheet. The said fertilizer was properly mixed and divided into four equal parts. Two diagonally opposite parts were removed and remaining parts were mixed together forming a composite sample of 1.500 kgs, which was spread on the dry, clean and thick polythene sheet and divided into three equal parts, each in equal weight and were tied to make them air tight. Thereafter, four detailed descriptions, as specified in Form J, and three Form K under Clause 30(1) of FC Order were filled in the presence of Jaswant Singh and Harbhajan Singh, Agricultural Development Officer, who put their signatures on Form J and Raghbir Singh, Fertilizer Inspector put descriptions in Form J along with polythene bags, into cloth bags, which were sealed with seal bearing FI/II/18 NDL. Jaswant Singh also put his seal impression ‘Key’ and Fertilizer Inspector put No.16 NDL on the cloth bags as identification of sample. One part of sample was given to Jaswant Singh and his signatures were obtained on Form J, as receipt of the sample. On 05.10.1994, Agricultural Development Officer, Bholath, vide letter No.58 dated 05.10.1994, deposited the sample in the office of Chief Agriculture Officer, Kapurthala and the said sample was received by Balwinder Singh, Agricultural Development Officer, who entered the same in sample register and allotted Code No.59(E) on the same day i.e. 05.10.1994. One sample parcel along with Form K was sent