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4. On 20.11.1994, on the basis of the disclosure statement of the accused Krishan, the other accused Virender Kumar was arrested from his village in Haryana and 30 more fertilizer bags containing fertilizer and 190 empty plastic fertilizer bags were recovered from his shop. The sample was drawn from the fertilizer bags and remaining filling was sealed with the seal of BS. The disclosure statement of the accused Virender was also recorded.

5. The samples were initially sent for chemical analysis to CFSL; they refused to entertain the sample as the same could be examined only by Fertilizers Quality Central Laboratory, Faridabad. Accordingly, it was sent to Fertilizers Quality Central Laboratory, Faridabad.

9. The other public witness i.e PW4 also did not support the prosecution case.

10. Thus, so far as the offence of cheating is concerned, the prosecution has failed to bring any evidence on record to prove that the accused Kishan Kumar cheated the complainant by inducing him to pay Rs.400/- and supplied him the duplicate fertilizer.

11. Now, the stage has been set to discuss the offence under Section 7 of Essential Commodities Act, 1955.

The investigation officer i.e. Inspector Baljeet Singh has seized the sub standard fertilizer from different places and therefore, his testimony is relevant here to see whether the offence under section 7 of ECA, 1955 is made out or not against the accused persons. He has been examined as PW9. He deposed that on 16.11.1994, he was posted at PS Tilak Nagar as SI. On that day, after registration of the FIR, the investigation of the present case was marked to him and during investigation, he examined the complainant Ramesh Chand Tyagi and he went to the place of the occurrence and prepared site plan Ex.PW9/A. The complainant Ramesh Chand Tyagi also produced to him one sack containing sub standard fertilizer which as per the complainant had been sold to him by accused Kishan Kumar. He further deposed that he took one kg of fertilizer as sample and filled form CFSL and thereafter, the sack and sample pullanda were sealed and he seized the same vide seizure memo Ex.PW1/B. He recorded statement of witnesses and deposited the case property in the maalkhana.

(b.a) draw samples of any biofertilisers in accordance with the procedure of drawl of samples laid down in schedule III.

(b.b) draw samples of any organic fertilizers in accordance with the procedure of drawl of samples laid down in schedule IV.

(c) enter upon and search any premises where any fertilizer is manufactured/Imported or stored or exhibited for sale, if he has reason to believe that any fertilizer has been or is being manufactured/imported, sold, offered for sale, stored, exhibited for sale or distributed contrary to the provisions of this Order.

(ii) If the bags do not permit the use of sampling probe empty the contents of the bags on level, clean and hard surface and drawn a composite sample by the process of quartering as described under Para 3(ii) or 5.

14. From a perusal of the above, it would be clear that detailed procedure has been mentioned as to the manner in which the sample of fertilizer is to be drawn. In Cl. 1(e), it is mentioned that the sample should be kept in a suitable, clean, dry and air tight glass or screwed hard polythene bottle of about 400 gm. capacity or in a thick gauged polythene bag and it should be put in a cloth bag and the same should be sealed. Clause 1(f) provides that each sample bag should be sealed air tight after filling and marked with details of sample, type and brand of fertilizer, name of order/manufacture and the name of Inspector who has collected sample.