S C SHARMA Vs. STATE OF PUNJAB

JUDGEMENT

(1.) THIS revision petitions relates to quashment of complaint Annexure P-l, filed against the petitioners Under Sections 17, 18 and 33 of the Insecticide Act, 1968 consequent proceedings taken thereunder, including the summoning order.

(2.) IN brief, the facts relevant for the disposal of this case which emerge from which: emerge from the impugned complaint, are, that the Insecticide Inspector took sample of Nuvar 16% (DDVP 76%) Pesticide Batch No. 7120 from M/s Modern Kheti Store, Amritsar an authorised dealer of M/s Hindustan Ciba Gergy Ltd. , manufacturer; on 27th August, 1987, after compiling with the requisite provisions of the act. The sample so taken was divided into three parts each put in a polythene pack and properly, seated One such sample was handed over to Dharampal. partner of the said firm, then present the shop premises. . One such sample was sent to the Central Insecticide Laboratory, Faridabad, on Ist September, 1987. According to the report of Insecticide Analyst, the sample was not, the sample was not according to The ISI specification being not satisfactory in the emulsion stability test requirement and as such the pesticide was misbranded.

(3.) ACCUSED S. C. Sharma, is the Regional Sales Manager where as D. R. Taylor is the General Sales Manager of the manufacturing Company and they too are responsible for selling the misbranded pesticide/pesticide. After receipt of the report of the analyst complaint was filed in the Court (Chief Judicial Magistrate against the present petitioner and bit accused by the insecticide in the Insecticide Inspector'. learned Chief judicial Magistrate subsequent) passed orders summoning the aforesaid, accused on the basis of the complaint.