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ARVIND KUMAR, J:

The State of Punjab has sought permission to file an appeal against the judgment dated 28.11.2005 passed by the Special Judge, Gurdaspur, by dint of which the respondents-accused have been acquitted of the charges under Section 19(1)(a) of the Fertilizer(Control) Order,1985, read with terms and conditions of Dealer Registration Certificate and Section 7and 12AA of the Essential Commodities Act,1955.
According to the prosecution allegations, a complaint was received from the Chief Agricultural Officer, Gurdaspur, stating that the firm, namely, M/s Randhawa Fertilizer Ajnala Road Fatehgarh Churian, was issued dealer Registration certificate of 28/5/99 to 27/5/2000 for dealing in fertilizer of M/s Varinder Agro Chemicals Ltd. for dealing in Sher Chhap Single super phosphate 16%(G). Harpal Singh, Fertilizer Inspector, along with Kashmir Singh Bal exercising powers of Fertilizer Inspector, inspected the premises of M/s Randhawa Fertilizer on 11.11.1997. Accused No.2, Jatinder Pal Singh, sole Proprietor of the firm was present at that time at the shop. Harpal Singh after disclosing his identity gave notice of intimation to draw the sample of fertilizer and got the signature of Jatinder Pal Singh on the office copy of the notice. Out of 30 bags of Sher Chhap Single Super phosphate 16% (G) Harpal Singh took out two bags i.e. 15th and 30th and drew the sample with a clean neat and dry sapling probe by using the probe diagonally from one corner to other after mixing the contents of each bag thoroughly. The said bags which were bearing the imprint of M/s Varinder Agro Chemicals,(accused no.3) were machine stitched. The fertilizer so collected weighing about 1200 grams was mixed thoroughly on neat clean and dry polythene sheet. The sample was divided approximately into three parts weighing 400 grams each thick gauged polythene bags. Each polythene bag was put in a cloth bag which were all sealed with the seal of Fertilizer Inspector with letters Fertilizer Inspector Gurdaspur-II Harpal Singh got the signatures of accused Jatinder pal Singh on form J. One part of the sealed sample along with copy of form J was handed over to Jatinder Pal Singh on the spot against receipt while the other two parts were handed over to Narinder Singh Fertilizer Inspector (Enforcement) Gurdaspur. The sample, on analysis, was declared as not according to the specification by the Analytical Chemist which according to Clause 19(1)(a) of Fertilizer (Control) order 1985 Section 7 and 12AA of the Essential Commodities Act, 1955 (10 of 1955) was an offence punishable with fine/imprisonment. Notice of the complaint was sent to the accused-respondents. Accused No.4, R.K.Thukral put in appearance and was granted bail. Accused Jatinder Pal Singh however did not put in appearance and was thus, declared a proclaimed offender. Accused R.K.Thukral was charge-sheeted under Section 7 and 12AA of the Essential Commodities Act, to which he pleaded not guilty and claimed trial.