MOHAN KHAD STORE, AMRITSAR Vs. STATE OF PUNJAB

JUDGEMENT

(1.) PRESENT petition has been filed for quashing the complaint dated November 19, 1991 (Annexure P3) as also the proceedings on the basis of the said complaint.

(2.) BRIEFLY , the facts are that the Insecticides Inspector, Amritsar, inspected the premises of the petitioner and took sample of isoproturon 75% W.P. (Isozon-75 WP). The said sample was sent to the Senior Analyst, Insecticides Testing Laboratory, Ludhiana, who opined that the sample sent to him was misbranded as it contained by 63.82% W.P. w/w of Isoproturon as against the guaranteed percentage of 75, as labelled on the packets/containers. Thus, as per the report of the Senior Analyst, the sample did not conform to the I.S.I. specifications in respect of its ingredients.

(3.) IT has been averred by the learned counsel for the petitioner that the petitioner was a licensed dealer and the sample was drawn from a sealed package. The counsel contends that Section 30(3) of the Insecticides Act, 1968 gives protection to the licensed dealers who have sold the same as it is. According to him, it is not possible for the dealer to know the contents of the items which were in sealed containers. Hence, according to the counsel, the petitioner cannot be held liable for the same.