BHARAT INSECTICIDES LTD. Vs. STATE OF HARYANA

JUDGEMENT

(1.) THE present petition has been filed by the petitioner M/s Bharat Insecticides Limited as petitioner No. 1 and Rakesh Kumar, petitioner No. 2, who is stated to be an employee of petitioner No. 1 at the relevant time. The petitioner has filed this petition under Section 482 of the Code of Criminal Procedure read with Article 227 of the Constitution of India for quashing the complaint, Annexure P-4 filed under Section 29(3) of the Insecticides Act, 1968 (here-in-after referred to as 'the Act').

(2.) AS per averments made in the complaint the Insecticide Inspector visited the premises of M/s Saini Pesticides, Old Bus Stand Radour on December 3, 1996 and drew a sample of insecticide. On analysis, the aforesaid sample was found to be misbranded. Therefore, the complaint was filed against the aforesaid dealer and the present petitioner M/s Bharat Insecticides Limited who is the manufacturer of the aforesaid insecticide.

(3.) AS per averments made in the complaint itself, the insecticide was stated to be manufactured on January 27, 1996 and the date of expiry of the aforesaid insecticide was January 26, 1998.