SHUKAL Vs. STATE OF PUNJAB

JUDGEMENT

(1.) THE present petition has been filed by M/s Shukal and sons under Section 482 of Code of Criminal Procedure for quashing of complaint under Section 3(k)(i), 17/18/21/29/30 and 33 of the Insecticides Act, 1968 and Rules 1971 framed thereunder. I have heard learned counsel for the parties and have gone through the whole record.

(2.) BRIEFLY stated, the allegations against the present petitioner and others are that on 04.07.2003 sample of Glyphostate 41% SL of 1 litre, Batch No. 33030012, manufactured by M/s Monsanto India Ltd., with manufacturing date 10.03.2003 and expiry dated 09.03.2005 from a sealed container were drawn from the premises of M/s Sanjeev Sales Corporation co-accused. On analysis the sample was found to be misbranded as it was found containing active ingredients contents of 43.52% against 41% prescribed. After completion of necessary formalities, the complaint was filed. The present petitioner has been arrayed as accused being distributor alongwith dealer and the manufacturer.

(3.) IT has been fairly conceded by learned counsel for the State that the case of the present petitioner is no different than that of M/s Sanjeev Sales Corporation and and others and that the same is fully covered by the decision of this Court, Annexure P3.