BHAGWAN TRADING COMPANY Vs. STATE OF PUNJAB

JUDGEMENT

(1.) PETITIONER is the proprietor of M/s Bhagwan Trading Company, Delhi. He is carrying on the business and forward agent of M/s K.P. Industries, Madras who are manufacturing insecticides products. By virtue of the present petition, petitioner seeks quashing of the complaint and subsequent proceedings against him filed under the Insecticides Act and the Essential Commodities Act.

(2.) IT is alleged that one Inspector Amarjit Lal visited the premises of one of the authorised dealer of M/s K.P. Industries, Madras, namely M/s Kheti Seba Centre, Bajewala, Mansa which held a valid licence from the Chief Agricultural Officer. A sample of Quinalophos 25% EC was taken from the premises of the dealer. The sample pertained to batch No. 403. The date of manufacturing was May, 1995 and the expiry date was April, 1996. The sample was sent to the State Insecticides Laboratory, Bathinda and was found to be misbranded. On the instructions of manufacturing company Madras, out of the stock lying with the petitioner, a sample was sent to Sri Ram Institute of Industrial Research, New Delhi. It was reported that it conformed to the specifications. In any case after the report was received, act complaint was filed in the court of Additional Sessions Judge, Mansa. The petitioner has since been summoned.

(3.) IN the reply filed, the petition has been contested. It is contended that the question in controversy can be decided on evidence and this court should not interfere. It is denied that any prejudice is caused to the petitioner or that the complaint is liable to be quashed on the grounds taken.