KUSH KUMAR BHASIN Vs. STATE OF HARYANA

JUDGEMENT

(1.) THIS is a petition filed by M/s Haryana Pesticides Mandaur, Ambala City through Kush Kumar Bhasin. It seeks quashing and setting aside of the complaint filed by the respondent against the petitioners under Sections 3(K)(i) and 29(3) of the Insecticides Act, 1968 pending in the court of learned Chief Judicial Magistrate, Sirsa.

(2.) THE relevant facts are that on 9.9.1992 Budh Ram Bishnoi, Quality Control Inspector, Sirsa had drawn the sample of insecticide known as Dimethoate from the shop of M/s Bant Singh and Company. The petitioners are alleged to be the manufacturer under the licence granted by the Director of Agriculture. The sample was sent to the Quality Control Laboratory, Karnal. It was found that insecticide contained 22.65% active ingredient instead of 30%. The product was described to be misbranded. It resulted in filing of the complaint.

(3.) IN the reply filed the petition has been contested. It is denied that there is any violation of Section 22 or 24 of the Insecticides Act. The permission granted is stated to be valid.