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It is further prayed that further proceedings pending in the present Complaint case in the Court of Ld. CJM, Sri Ganganagar may kindly be stayed till the final decision of the present petition by this Hon'ble Court."

Learned counsel for the petitioner submits that the present case arises out of a complaint made on 18.10.2000, (3 of 10) [CRLMP-5608/2021] whereby one Fertilizer Inspector drew a sample of one fertilizer namely Zinc EDTA Nutriment Brand from the depot of the company situated at Sri Ganganagar.

The precise submission of the counsel for the petitioner is that Fertilizer Control Order 1985 is invoked as issued under Section 3 of the Essential Commodities Act, 1955 and such order stipulated mandatory procedure to be followed by Fertilizer Inspector.

Learned counsel for the petitioner has drawn attention of this Court to the Schedule (II) of para A of Fertilizer Control Order, 1985, the relevant provisions of which are as follows:-

Part-A PROCEDURE FOR DRAWAL OF SAMPLES OF FERTILIZERS
(ii) Sampling from big godowns/high stackings:
If the procedure given in para 2(i) (c) is not possible to be adopted, the sample should be drawn from the randomly selected fertilizer bags from different layers, from top and from all open side in a zig fashion.
(iii) Sampling from small godowns:
All the fertilizer bags of the same grade and type of each manufacturer though received on different dates shall be (6 of 10) [CRLMP-5608/2021] segregated and properly stacked. All bags of same grade and type of fertilizer manufactured by a particular manufacturing unit may be considered as one lot based on their physical conditions and the sample shall be drawn as per procedure laid in Para 2(i) (c) and 4.

One sample of fertilizer shall have the approximate weight, as specified below:-

(i) For straight micro-nutrient fertilizers- 100 gms.
(8 of 10) [CRLMP-5608/2021]
(ii) For chelated micro-nutrient fertilizers and 50gms or mixtures of micro-nutrients the maximum packing size of similar quantity
(iii) For other fertilizer and mixtures of fertilizers 400 gms.

5. Preparation of composite sample.

If the composite sample collected from the different selected bags is large then required weight, its size shall be reduced by method of quartering as detailed below:-