(1.) PETITIONER 's counsel contended that the complaint and the consequent proceedings are liable to be quashed on two counts, firstly, the sanction/consent order is not a valid sanction in the eyes of law, secondly the complaint was filed after the expiry of shelf life of the insecticide in question.
(2.) BRIEF facts of the case are that the petitioner is a Distributor of insecticide B.H.C. (Benzene Hexa Chloride) 50% W.P. M/s. Thind Kheti Store, is a dealer and M/s. Northern Minerals Limited, Darya Ganj, New Delhi, are the manufacturers of this insecticide. On 27.1.1991, sample of this insecticide was drawn by Harpal Singh, Insecticide Inspector, Nakodar from the shop of M/s. Thind Kheti Store, Village Mehtpur. The month of manufacture of this insecticide was July, 1990 and the expiry dated was June, 1992. This sample was sent to Regional Testing Laboratory, Chandigarh for analysis. Analyst gave his report (Annexure P-2) on 3.4.1991 and found the sample misbranded. On 12.4.1991 show cause notice (Annexure P-3) was issued to M/s. Northern Minerals Limited stating therein that such a sample was taken and on analysis it was found misbranded. The manufacturers sent its reply on 10.5.1991 (Annexure P-4) wherein a request was made for getting another sample re- analysed by Central Insecticides Laboratory. No other sample was sent for re-analysis. Consent for prosecution was obtained on 26.7.1991 and on 8th April, 1993 complaint was filed against the petitioner as well.
(3.) ACCORDING to the petitioner, the manufacturer sent a reply (Annexure P-4) wherein such a prayer was made. The respondent has not denied the receipt of this letter, but has simply replied that the manufacturer has not approached for re-testing of the sample and not made such a request before the competent authority and lastly the sample was analysed by the Regional Testing Laboratory, Chandigarh which is a unit of the Central Insecticide Laboratory, Faridabad.