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8. However, after supplies were made, it appears that the State Government received some complaints against the petitioner company which led the State Government to constitute a Task Force. The said Task Force is said to have collected the samples of fertilizers supplied by the petitioner at Raebareli on 30.08.2015. According to the respondents, the samples so collected by the Task Force were sent for analysis to the State laboratory at Alambagh, Lucknow which submitted the report after analyzing the samples that fertilizer samples were found to be substandard. The State Government thereafter, it appears, instructed the U.P. Agro to take appropriate action against the petitioner for the reason that the samples on analysis were found to be substandard. It is in this background that the impugned order dated 22.02.2016 has precipitated which has resulted in blacklisting of the petitioner.

9. A detailed procedure has been provided in Control Order for collection and analysis of the samples of fertilizers. The Control Order has been made by the Central Government in exercise of its powers conferred by Section 3 of the Essential Commodities Act, 1955 and hence the same being statutory in nature has statutory force and unless the context otherwise provides, the provisions of such statutory instrument will be binding on all concerned, including the State authorities. Part VII of the Control Order provides for Enforcement Authorities. Clause 28 falling in part VII of the Control Order defines the power of Inspectors and according to clause 28(1)(b) an Inspector may draw samples of any fertilizer in accordance with the procedure for drawing samples as provided in Schedule II. It further provides that Inspector shall prepare the sampling details in duplicate in form ''J' and handover the same to the dealer or representative from whom the sample is drawn. The word "dealer" has been defined in clause 2(f) of the Control Order to mean a person carrying on the business of selling fertilizers and includes a manufacturer, an importer and a pool handling agency carrying on such business and their agents. It also includes manufacturer or pool handling agency. So far as the petitioner company is concerned, there is no denial of the fact that it is manufacturer as well as is engaged in the business of selling fertilizers, hence, it is a dealer within the meaning of Section 28(1)(b) of the Control Order, 1985. Section 28(1)(b) is extracted herein below:

"draw samples of any fertilizer in accordance with the procedure of drawal of samples laid down in Schedule II. Provided that the inspector shall prepare the sampling details in duplicate In Form J, and hand over one copy of the same to the dealer or his representative from whom the sample has been drawn;
(ba) draw samples of any biofertilizers in accordance with the procedure of drawl of samples laid down in schedule III.
(bb) draw samples of any organic fertilizers in accordance with the procedure of drawl of samples laid down in schedule IV."
"29B Laboratories for referee analysis.- (1) Every laboratory referred to in sub-clause (1) of clause 29 shall be designated as referee laboratory for the purpose of analysis of any sample of fertilizer :
Provided that no such laboratory which carried out the first analysis of the fertilizer sample shall be so designated in respect of that sample:
Provided further that in respect of any sample the analysis of which has been challenged, may be sent for referee analysis to any one of the other laboratories except those which are located in the State or where the first analysis has been done.