LAWS(P&H)-2007-11-53

K.C.S. BHATI Vs. STATE OF HARYANA

Decided On November 30, 2007
K.C.S. Bhati Appellant
V/S
STATE OF HARYANA Respondents

JUDGEMENT

(1.) BY this petition under Section 482 of Code of Criminal Procedure, the petitioners seek quashing of complaint titled State of Haryana v. M/s. Nicel Laboratories Private Limited and other (Annexure P-1) and the order dated March 1, 2005 (Annexure P-2) passed by Chief Judicial Magistrate, Ambala whereby the petitioners were summoned to face trial under Section 29 of Insecticides Act, 1968 and rules thereunder for violation of Sections 3(k), 17 and 18 of Insecticides Act.

(2.) GROUNDS on which the quashing has been sought are that the petitioners are manufacturers of Endosulfon Insecticide. A sample of Endosulfon Insecticide was taken by the Quality Control Inspector, Department of Agriculture, Ambala from the shop of M/s. Zamindara Sewa Kender, Adhoya Road, Barara on August 21, 2004. The same was sent to Director, Central Insecticides Laboratory, Faridabad. The report of Director, Central Insecticides Laboratory, Faridabad has been placed on record by the State. The same has been perused. It has been found that the sample conforms to the relevant specification in the tests conducted, that is, 35 per cent E.C.

(3.) ABOVE being the position, the complaint (Annexure P-1) and the order dated March 1, 2005 (Annexure P-2) passed by Chief Judicial Magistrate, Ambala are hereby quashed. Petition allowed.