VINOD GOYAL Vs. STATE OF PUNJAB

JUDGEMENT

(1.) This petition has been filed under Section 401 of the Code of Criminal Procedure (hereinafter referred to as the Code) against the order dated 7-10-1995 passed by the Judicial Magistrate, Mansa whereby the application of the petitioner for his discharge in the complaint case No. 9 of 1-6-1991, has been dismissed.

(2.) The brief facts necessary for the disposal of this petition are that the Insecticide Inspector visited the shop of M/s. Kalia Trading Company, Baretta (Bhatinda), a licence holder for dealing with pesticide/insecticides, and purchased a sample of Mono-40 Monocrotophos 36% SL, the manufacturing date of which was May, 1989 and expiry dated April, 1990. The sample was found to be misbranded by the Central Insecticides Laboratory, Faridabad. A show cause notice alongwith copy of the report of the Analyst was sent to the aforesaid dealer as well as M/s. Agro Chemicals Jaipur, the manufacturer. After obtaining necessary sanction a complaint under Sections 3K, 17, 18, 29 and 33 of the Insecticides Act, 1968 (hereinafter referred to as the 'Act') read with Rule 27(5) of the Insecticides Rules 1971 was filed in the Court of Sub Divisional Judicial Magistrate, Mansa against Madan Lal, the proprietor of M/s Kalia Trading Company, the dealer and M/s. Agro Chemicals Jaipur, the manufacturer through Shri Vinod Kumar Goyal the Managing Director.

(3.) On appearance of the accused persons, the particulars of the offence of which they were accused were stated to them as required by Section 251 of the Code. The accused persons pleaded not guilty and the case was fixed for prosecution evidence.