BAWA AGRO CENTRE Vs. STATE OF PUNJAB

JUDGEMENT

(1.) THE petitioner is being prosecuted for having committed offences under Section 29(2) and 29(3) read with Section 33 of the Insecticides Act, 1968.

(2.) A bare perusal of the order passed by the Chief Judicial Magistrate, Mansa shows that the Central Insecticides Laboratory, Faridabad by its report dated 14.5.1993 has held that the insecticide was not misbranded. Therefore, the petitioner has rightly not been charged with the offence under Section 29(1) of the Insecticides Act, 1968 (hereinafter referred to as the Act). However, he is being prosecuted for having committed offences under Sections 29(2) and (3) of the Act read with Rules 10(4)(i)(ii) and Rules 18 and 19 as well as Rules 16, 12 and 19 of the Insecticides Rules, 1971 (hereinafter referred to as the Rules). The offence under Rules 18 and 19 is sought to be made out on the ground that the leaflet was not found in the packing. Further he is being prosecuted under rule 19 on the ground that the labelling was improper.

(3.) IN view of the fact that the petitioner has been facing these criminal proceedings since the year 1992, the trial court is directed to dispose of the case within a period of four weeks of the receipt of a copy of this order. Disposed of. Copy of this order be given dasti on payment of necessary charges. Petition allowed.