The appellant herein is a Senior Manager in a fertilizer company C1. The said company is engaged in manufacturing and selling of fertilizer. The Government of India in exercise of power has framed an order known as the Fertilizer (Control) Order, 1985 for controlling the quality of fertilizer. It appears that the samples of fertilizer sold by the appellant was taken from stitched bags of fertilizer and thereafter sent to laboratory for analysis. It is alleged that the laboratory reported that the fertilizer is sub-standard. It is further alleged that on the strength of the said report the respondent threatened the appellant to prosecute him. It is under such circumstances the appellant filed a petition before the High Court challenging the validity of Clause 19 of the Fertilizer (Control) Order. The case of the appellant was that since Clause 19 does not permit an accused a right to adduce evidence to contradict the report of the public analyst, the said clause is ultra vires articles of the Constitution. The said contention of the appellant was accepted by a Single Judge of the High Court. Consequently, Clause 19 of the Fertilizer (Control) Order was struck down. Aggrieved by the judgment of the learned Single Judge, the respondents preferred a letters patent appeal before the Division Bench of the High Court. The Letters Patent Bench, allowed the appeal and set aside the judgment of the learned Single Judge. It is against the said judgment of the High Court, the appellant is in appeal before us. It is not disputed that no charge-sheet on the strength of public analyst's report has been submitted to the Court against the appellant.