Ashwani Kumar Singh, J. - (1.) THIS appeal under Section 374(2) Cr.P.C. has been preferred by appellant Murli against the judgment and order dated 22.5.1998 passed by Special Judge (Essential Commodities Act)/Additional District and Sessions Judge, Hardoi in Crl. Case No. 25/92 (State Vs. Murli) convicting and sentencing the appellant under Section 3/7 Essential Commodities Act for six months R.I. and a fine of Rs. 1,000/ -. In default of payment of fine further one month's R.I.
(2.) BRIEFLY stated, the prosecution case is that a sample of 'Ramban' brand phosphate was taken on 13.12.1991 from M/S Murli Khad Bhandar, Pihani, district Hardoi by A.K. Srivastava, Sahayak Nibhandhak, Sahkari Samitiyan, Hardoi and the same was sent for analysis and in the result, which was received by letter No. 795 dated 22.1.92 of Meerut, Fertilizer Analysist, Laboratory, total phosphate percentage of the sample was found 13.96 against standard percentage of 16, as such, the sample of phosphate was below standard, considering this fact, it was found that contravention of Urvarak Niyantran Aadesh, 1985 (Fertilizer Control Order, 1985) had taken place and the offence under Section 3/7 E.C. Act has been committed. A complaint against, Ext. Ka -2, vide Patra Sankhya 3159/Krashi/Char/Vya.U.V./1991 -92 dated 4.2.92 was sent by Suresh Singh, District Agriculture Officer, Hardoi to S.O., Pihani and on the allegations made in this letter, chick report, Ext. Ka4 was prepared regarding the occurrence which had taken place on 13.12.91 of taking sample in form No. (J), Ext. Ka -3 and the case was registered on 11.2.92 at 18.10 hours vide crime No. 26/92 under Section 3/7 E.C. Act against appellant Murli, s/o Saligram. Carbon copy of G.D. of registration of the case, Ext. Ka -5 is available on record. Sanction for prosecution was given by Sri M.P. Jain, the then District Magistrate, Hardoi on 18.6.92 against appellant Murli in crime No. 26/92 under Section 3/7 E.C. Act, which is Ext. Ka -6. Finally, charge sheet has been submitted on 26.6.92 against appellant Murli.
(3.) STATEMENT of accused -appellant Murli was recorded on 12.10.1993. The appellant stated that sample was taken from his shop in his absence and he did not know that it was substandard or not and further states that the fertilizer from which the sample taken was purchased by him from M/S Kumar Fertilizers, Shahabad and was sold in the same condition.;