DHALIWAL AGRO CENTRE Vs. STATE OF PUNJAB

JUDGEMENT

(1.) HEARD counsel and perused records on file. The complaint in the present case was that the Agricultural Development Officer (notified as Insecticides Inspector) raised the premises of Kissan Sewa Centre, Gill on 8.8.1995 and took the samples of B.B.C. 10% (DP), gamma Isomer manufactured by Ajay Ferti.Chem. It has also been alleged therein that after following the formalities, one sample taken by the Insecticides Inspector was sent to the Senior Analyst, Insecticides Testing Laboratory. Ludhiana, who sent his report stating that the sample does not, conform to the standard specifications. Thereafter a notice was issued to M/s Kissan Sewa Centre and also to the petitioner-Dhaliwal Agro Centre. According to the complaint, the petitioner has violated the provisions of Sections 3K(i), 17, 18, 29 and 33 of the Insecticides Act.

(2.) THE petitioner has approached this Court with this petition under Section 482 Cr.P.C. for quashing the complaint and the further proceedings.

(3.) IN the reply filed by the State, it has been admitted that the petitioner deals in insecticides as per the license obtained from the Chief Agricultural Officer, Ludhiana, though it has been stated that the petitioner has distributed the insecticide which was found to be mis-branded. The only allegation in the reply against the petitioner is that the petitioner, cannot escape from the responsibility as the sample was found to be mis-branded. But, it is not stated that the insecticide was not stored properly. It has been stated that the petitioner may or may not have been stocking the Insecticides in the same packing condition as was received by it from the manufactures. It was also not denied that the Insecticides were in a sealed packing.