CHEMINOVA INDIA LIMITED Vs. STATE OF PUNJAB

JUDGEMENT

(1.) The petitioners have approached this Court seeking quashing of complaint No. 313 dated 19.8.2015 filed by respondent No. 2- The Quality Control Inspector, Bhikhiwind, District Tarn Taran under Section 29 read with Sections 3(k)(i), 17, 18, 29 and 33 of the Insecticides Act, 1968 and Rules 10 and 27(5) of the Insecticides Rules, 1971.

(2.) The facts, as extracted from complaint (Annexure P-1), are that on 31.12.2013 Shri Gurdeep Singh, Quality Control Inspector, Bhikhiwind, District Tarn Taran accompanied by Shri Partap Singh, Block Agriculture Officer, Bhikhiwind, District Tarn Taran inspected the premises of M/s Dhillon Kheti Store where Shri Nishan Singh, its sole proprietor, was present. Six boxes containing 25 packets each, of 'Piroxofop Propanyl (Clodinafop Propargyl 15% WP)', with each packet weighng 160 grams, were found stocked in the premises for sale. After serving notice in terms of Form XX, one packet of insecticide was taken out of the aforesaid 150 packets, and three samples, weighing 20 grams each of 'Piroxofop Propanyl (Clodinafop Propargyl 15% WP)' were drawn and were duly sealed. One sealed sample was handed over to Shri Nishan Singh, Proprietor of the firm while the remaining two sealed samples were handed over to Shri Kirpal Singh, Agriculture Development Officer, Enforcement, Tarn Taran on 31.12.2013 itself. One sample out of the said two samples was sent to Senior Analyst, Insecticide Testing Laboratory, Amritsar, for analysis vide letter no. 7304 dated 1.1.2014. The second sealed sample remained in custody of Shri Kirpal Singh, Agriculture Development Officer, Enforcement, Tarn Taran.

(3.) Upon analysis of the sample, the Senior Analyst, Insecticide Testing Laboratory, Amritsar declared the sample in question to be misbranded vide its report dated 15.01.2014, as the same was found to contain active ingredient of 'Piroxofop Propanyl (Clodinafop Propargyl 15% WP)' to the extent of 11.72% only as against the labled declaration of 15%. A copy of report of the Insecticide Testing Laboratory, Amritsar was communicated to Shri Nishan Singh, Proprietor, M/s Dhillon Kheti Store (dealer) along with show cause notice no. 8027 dated 29.1.2014.