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This is appeal by State of Haryana assailing judgment dated 22.01.2000 passed by learned Special Judge, Narnaul thereby acquitting respondents Ram Kishan, Gur Dayal, Kailash and Daya Nand.

Prosecution case is that on night between 28/29.09.1995, Daya Nand, SI/SHO of Police Station, Narnaul received secret information on telephone that a tractor owned by a resident of village Maroli stood parked in frond of shop of Daya Nand accused resident of village Dohar Kalan- commission agent in Grain Market, Narnaul and spurious bags of DAP fertilizer were being loaded in the trolly for sale to farmers. Ram Kishan accused who was salesman of Marketing Society, Narnaul was also present there and was getting spurious fertilizer filled in the bags and after stitching the same with machine, was getting the bags loaded in trolly. On the basis of secret information, FIR was registered. Police party headed by SI Daya Nand raided the shop of accused Daya Nand in front of which a tractor trolly was found parked. It did not bear any registration number. There were two bags of fertilizer in the trolly. Some chappals and loose fertilizer lying scattered was also there. The shop was found open. From the shop, a stitching machine was seized. There were also 45 bags of DAP fertilizer and 62 empty bags of fertilizer of different companies in the shop. Out of the total 47 bags of fertilizer, two samples were drawn from each bag. The samples were sealed with seal bearing impression 'DN'. All the articles were seized by the Police.

On 05.10.1995, Megh Raj Singh, Deputy Director, Agriculture Narnaul accompanied by Ram Kishan Rana, Quality Control Inspector and Partap Singh, Peon went to Police Station. They took three samples of 400 grams each from 3 bags out of 47 bags of fertilizer. The three samples were mixed and then 3 parcels of the samples were prepared. One sample parcel was sent to Central Fertilizer Quality Control & Training Institute, Faridabad. According to report received from the said Institute, the sample was of non-standard fertilizer.

On the other hand, learned counsel for respondent No.2 contended that there is not even an iota of evidence on record to link respondent No.2 with the alleged offence.

I have carefully considered rival contentions.

In the first instance, it has to be noticed that the 47 bags of fertilizer allegedly seized by the police are not proved to be of sub-standard fertilizer. According to recovery memo Exhibit P-C, two samples were drawn from each of the 47 bags. However, SI Daya Nand PW-16, star witness of the prosecution being Investigating Officer, simply stated that he took samples from the bags of spurious fertilizer, but did not state that he had taken samples from each bag or from how many bags. ASI Dhani Ram PW-5, however, stated that they had taken 2 samples from each of the 47 bags and each sample was of about half kilogram. Head Constable Krishan Kumar PW-11 simply stated that 2 samples had been taken out of 45 bags of fertilizer lying in the shop. He did not state that 2 samples were taken from each bag. Thus the prosecution evidence regarding taking of samples from the bags of fertilizer at the spot is completely discrepant and contradictory. At the top of it, none of the samples taken at the spot was sent to laboratory for analysis. There is no explanation why none of the samples taken at the spot from the bags of fertilizer was sent to laboratory to prove that the fertilizer was sub-standard or spurious.

Prosecution version is that on 05.10.1995 i.e. after 6 days of the occurrence, Megh Raj Singh, Deputy Director PW-2, Ram Kishan Rana, Quality Control Inspector PW-3 and Ram Partap, Peon PW-4 had taken samples from the bags of fertilizer in question. However, their evidence is also discrepant and insufficient. Megh Raj Singh PW-2 stated that they have taken 3 samples from 2 bags only and the samples were of 500 grams each. Ram Kishan Rana stated that they had taken 1200 grams fertilizer in all as sample from 3 bags selected randomly and after mixing the same, it was put in 3 packets weighing 400 grams each. Ram Partap PW-4 has not stated even a word about taking of samples from the bags of fertilizer in the police station. He simply stated that he had taken one sample parcel and delivered it in the laboratory at Faridabad without any tampering. Thus there is no reliable evidence regarding taking of samples from the bags of fertilizer in police station. Megh Raj Singh stated that 3 samples were drawn from only 2 bags and the samples were of 500 grams each i.e. 1500 grams in all. However, Ram Kishan Rana stated that samples were taken from 3 bags and total weight was 1200 grams. Moreover, part examination of Megh Raj Singh was deferred and thereafter, he was not produced for further examination and cross-examination. Consequently his statement cannot be read in evidence against the accused. Thus we are left with solitary statement of Ram Kishan Rana regarding drawing of samples from the bags of fertilizer in the police station.