UNITED PESTICIDES Vs. STATE OF PUNJAB

JUDGEMENT

(1.) THE present petition under Section 482 of the Code of Criminal Procedure has been filed by M/s. United Pesticides, Hari Palace Road, Ambala City and its proprietor Trilok Singh with a prayer for quashing of the complaint filed by respondent No. 1 against them under Section 3(k), 17, 18, 29 & 33 of the Insecticide Act, 1968 (Act for short) read with Rules 27(5) of Insecticide Rule, 1972 and the consequent proceedings taken on that complaint by Chief Judicial Magistrate, Ferozepur.

(2.) THE facts as narrated in the petition may be briefly recapitulated. The petitioner Trilok Singh is proprietor of M/s United Pesticides, Ambala City and this firm manufactured pesticides including the one known as endosulfan. The product is sold through its distributors and dealers. On 9-4-1987, respondent No. 1 had drawn a sample of endosulfan 35% from the shop of M/s Kheti Sewa Centre, opposite Amar Talkie, Ferozepur Cantt. The same was sent to Central Insecticide Laboratory, Faridabad for analysis and it was found to contain 30.13% active ingredient instead of 35%. So it was alleged that the insecticide was misbranded. The petitioners were impleaded in the complaint as manufacturers of the product.

(3.) IN the return filed by respondent No. 1, it was pleaded that earlier too, the petitioners had filed Criminal Miscellaneous No. 287-M of 1989 challenging the same complaint and that was dismissed. So the second petition on the same facts is not maintainable. On merits it was pleaded that the Insecticide Inspector was fully empowered to send the sample to Central Insecticides Laboratory and for re-test and the second sample could be sent to some other laboratory situated in India, to controvert the report of the Insecticide Analyst. The other allegations made in the petition were denied.