LAWS(P&H)-1995-2-104

SANT LAL Vs. STATE OF HARYANA

Decided On February 14, 1995
SANT LAL Appellant
V/S
STATE OF HARYANA Respondents

JUDGEMENT

(1.) PETITIONER Firm (M/s. Thakur Chemical) is the manufacturer of Insecticides. On 27th June, 1992 Yaspal Singh Rajput, Sub-Divisional Agriculture Officer/Insecticides Inspector, Jagadhari had drawn a sample of Insecticides named Monocratop has from the stock of M/s. Kishan Traders, Main Bazar, Chhachhrauli. The manufacturing date of the substance was March, 1992 and expiry date was February, 1993. The samples of substance were divided into three portions which were sealed. One portion was given to the person from whom the sample was taken and the Inspector of Insecticides retained the others. One such sample was sent to the Senior Analyst, Quality Control Laboratory, Karnal. Quality Control Laboratory analysed the substance and found variation to the tune of 7.34%. It was reported to be misbranded. The report was given to the Deputy Director Agriculture, Yamunanagar.

(2.) THE Deputy Director Agriculture informed the petitioner regarding misbranded sample alongwith a copy of report. The petitioner wrote a registered letter to the Deputy Director Agriculture Jagadhari. It was pointed out that petitioner was not satisfied with the test report. The request was made that the counter sample be sent to the Central Laboratory. This request was to be sent within 28 days on the receipt of the copy of the report of Analyst of Karnal.

(3.) NOTICE of the complaint was issued to respondents. It has filed the reply.