AJAY KUMAR Vs. STATE OF PUNJAB

JUDGEMENT

(1.) PETITIONER is the proprietor of firm M/s Sharma Seeds Store, Sahnewal, District Ludhiana and dealing in the sale of insecticides and pesticides. This petition under Section 482 Cr.P.C has been filed by him for quashing of complaint Annexure P/5 filed by the Insecticide Inspector, Sahnewal and the subsequent proceedings taken thereon pending in the Court of Chief Judicial Magistrate, Ludhiana.

(2.) ON 24.7.1992 the premises of M/s Sharma Seeds Store, Grain Market, Sahnewal, was checked by the Insecticide Inspector. He took sample of 'Phosphomidon' 85% SL manufactured by M/s Unique Farmaid Pvt. Ltd., Ghaziabad. Its manufacturing date was June, 1992 and the date of expiry was November, 1993. One sample was sent for chemical analysis. As per report Annexure P/2 the sample did not conform to the relevant IS specification in active ingredients test requirement and was found to be misbranded. Petitioner was served with a show cause notice dated 3.11.1992, Annexure P/3. Along with the show cause notice, copy of the test report of the sample was also enclosed. Petitioner submitted reply, Annexure P/4, within 28 days of the receipt of the copy of the test report and also desired that another sample with the petitioner may be sent for reanalysis to the Central Drugs Laboratory at his expenses. As such the petitioner complied with the requirement as per the provisions of Section 24(3) of the Insecticides Act, hereinafter referred to as 'the Act'.

(3.) AT the outset, certain provisions of the Act, which are relevant for the purposes of the present proceedings, may be reproduced hereunder :