AVID PHARMACEUTICALS PVT. LTD. Vs. STATE OF PUNJAB

JUDGEMENT

(1.) M /s. Avid Pharmaceuticals and three others through present petition filed by them under Section 482 of the Code of Criminal Procedure seek quashing of complaint (Annexure P-3) and order passed by the Judicial Magistrate, Mansa, (Annexure P-8) and all subsequent proceedings taken thereafter.

(2.) BRIEF facts of the case are that a sample of Monocrotophos, was taken and was sent to State Laboratory for analysis. Vide report dated July 28, 1992, it was opined to be mis-branded. However, in view of the provisions contained in the Insecticides Act and Rules, the petitioners asked for re-testing of the sample by Central Insecticides Laboratory and according to its report dated April, 23, 1993 the sample was found to be of specifications as given in the Rules.

(3.) MR . Masih, learned Assistant Advocate General, Punjab, without disputing the contents of the report of Central Insecticides Laboratory and likely acquittal of the petitioners on that count, however, contends that the complaint also accuser the petitioners of having not labelled the sample as required under various provisions of the Rules and on that count at least, the petitioners can be convicted.