DHARAM PAL KHULLAR Vs. STATE OF PUNJAB

JUDGEMENT

(1.) THIS judgment will also dispose of Criminal Misc No. 3562-M of 1992, Ashok Kapoor v. State of Punjab, as the same legal controversy is involved in both the cases.

(2.) THE facts giving rise to these petitions are that Chief Agricultural Officer, Kapurthala, issued a licence in the name of M/s. Singh Kheti Store, Dhilwan, Tehsil and District Kapurthala for dealing in pesticides and insecticides. On 9.12.1986 Shri Amarjit Singh Insecticide Inspector inspected the stock register of M/s. Singh Kheti Store and purchased three containers of Ethyle Ester Herbicide bearing batch No. A 86526 of Agromore brand by way of sample, for an amount of Rs. 164/-. Each container of sample along with necessary form was sealed by the Insecticide Inspector in the presence of Shri Sadhu Singh Saggu and Balbir Singh respondent. One sealed sample was handed over to Balbir Singh sole proprietor of M/s. Singh Kheti Store and the remaining two containers were despatched to the office of Chief Agricultural Officer, Kapurthala. One portion of the sample was later on sent to the Senior Analyst, Insecticides Testing Laboratory, Department of Agriculture, Punjab, Punjab Agriculture University Campus, Ludhiana. The test report of the sample of herbicide was received in the office of Chief Agricultural Officer, Kapurthala on 22.1.1987 with the observation that the sample did not conform to I.S.I. specifications in respect of active ingredients percentage test. This analysis was made by using ISI specification No. 7233-1974. Some objection was raised by the respondents and the sample was again analysed by the same analyst by using ISI Specification No. IS-10243 of 1982. The same was again declared as not conforming to I.S.I,. specification in respect of active ingredient percentage test. The active ingredients were found to the extent of 26.92% and 26.96% respectively by using the different tests as against the requirement of 34% as printed on the containers. A complaint was, thus, filed against Balbir Singh sole proprietor of M/s. Singh Kheti Store, Dhilwan, Dharam Pal Khullar, the petitioner partner of M/s. Modern Kheti Store, 53 Hide Market, G.T. Road, Amritsar against Managing Director, Indian Cropicals Private Limited and Shri B.K. Vijaya Gopal, Works Manager of M/s. Agro more Limited Mysore Road, Bangalore for offences under Section 29(1)(a) read with Sections 3(k), 18(1)(e) and 18(2) of the Insecticides Act, 1968 (the Act for short). It was alleged that M/s. Singh Kheti Store had acquired this herbicide from M/s. Modern Kheti Store and that firm had acquired it from M/s Indian Cropicals Private Limited, Ludhiana. This herbicide was manufactured by M/s Agromore Limited, Mysore Road, Bangalore. The complaint was filed after a sanction in writing was obtained from the duly authorised person.

(3.) THE petitioners alleged that the sample was taken on 9.12.1986 but both the test reports did not bear any date. The sample was tested for the second time after the manufacturer sent letter Annexure P-6 on 17.12.1987 because the earlier test was not performed according to the correct formula. The second test was performed after 17.12.1987 in violation of Section 24(1) of the Act according to which the analyst was bound to send a copy of the test report to the Insecticide Inspector concerned within a period of 60 days. It was further pleaded that they were simply the licensed distributors and they had purchased the material in question from the manufacturer through proper bills.