MAHALUXMI BEEJ BHANDAR Vs. STATE OF HARYANA

JUDGEMENT

(1.) Petitioner, M/s Mahaluxmi Beej Bhandar, has filed the present petition under Section 432 Cr.P.C. read with Article 227 of the Constitution of India for quashing complaint dated 9.12.1992 (Anenxure P-2) under Section 29 of the Insecticides Act, 1968 (in short the Act) pending in the court of the Chief Judicial Magistrate, Jind, and for quashing the consequent proceedings arising thereof.

(2.) In brief, the facts of the case are that the Insecticides Inspector, Jind, while on tour with Additional Director (Statistics) Department of Agriculture, Haryana, and accompanied by the Deputy Director of Agriculture, Jind made a surprise check on the premises of the petitioner on 1.7.1992. The stock of the petitioner were checked up and the complaint/Inspector (Insecticides) drew a sample of BHC 50% W.P. The said insecticide was manufactured by M/s Hindustan Pulverising Mills, G.T. Kamal Road, Bakoli, Delhi. The sample was sealed and sent to the Senior Analyst, Quality Control Laboratory, Kamal, on 2.7.1992. The Senior Analyst vide his report dated 18.7.1992 (Annexure P-1) reported that the material kept in the packet was "misbranded", Thereafter, on obtaining necessary permission from the Competent Authority, complaint dated 9.12.1991 (Annexure P-2) was filed in the court of the Chief Judicial Magistrate, Jind, against the petitioner and also the manufacturer, M/s Hindustan Pulverising Mills. The said complaint is under challenge in the present petition.

(3.) Upon notice of the petition, respondents put in appearance and filed written statement controvert the averments made in the petition.