SHIV V.K. DASS Vs. STATE OF PUNJAB

JUDGEMENT

(1.) ON 8.9.1993 Shri Gurditta Singh, Insecticide Inspector took sample of Monocrotophos from the shop premises of M/s Bawa Agro Centre, Mansa. It was alleged that the said Monocrotophos was manufactured by M/s Vantech Pesticides Limited. Petitioner No. 1 is the Managing Director of M/s Vantech Pesticides Limited and petitioner No. 2 is the Quality Control Officer. Petitioner No. 3 is the Regional Manager of the said company responsible for the conduct of business of the company.

(2.) THE sample on analysis was found to contain 39.09% active ingredient instead of 36% ingredient and, therefore, was misbranded. A complaint under Section 29 read with Sections 2(K) (i), 13, 17, 18 and 33 of the Insecticides Act, 1968 (hereinafter described as 'the Act') was filed against M/s Bawa Agro Centre and also against the petitioner being Managing Director, Quality Control Officer and Regional Manager of M/s Vantech Pesticides Limited, Hyderabad. The Sub-Divisional Judicial Magistrate, Mansa has taken cognizance and has issued summons to the petitioners.

(3.) NOTICE of the petition was issued to the respondent and in the reply filed it is insisted that the sample so taken was sent to the Insecticide Laboratory, Punjab Agriculture University, Ludhiana. It was found to contain higher active ingredients than the required specifications. It was further mentioned that under Section 24(3) of the Act, the petitioners have not controverted the Analyst report. Therefore, under Section 24(4) the petitioners have no right of re-analysis.