RAJINDRA PRASAD Vs. STATE OF HARYANA

JUDGEMENT

(1.) THIS is a Criminal Miscellaneous Application filed under Section 482 Cr.P.C. read with Article 227 of the Constitution of India by M/s Rajinder Prasad, Subhash Mandi, Kurukshetra through Rajindra Prasad (dealer firm) and Shri Rajindra Prasad responsible for the conduct of the business of the dealer-firm against the State of Haryana whereby it has been prayed that complaint Annexure P1 filed by the Quality Control Inspector (Insecticide-I) Kurukshetra against M/s Rajindra Prasad (dealer) and M/s Agro Chemical (a unit of Bhagwati Mineral Pvt. Ltd., Jaipur) under sections 29(1)(a)/17(1)(a) of the Insecticides Act, 1968 (hereinafter to be referred as "the Act") be quashed as also the consequential proceedings arising therefrom. According to the prosecution, on 20.12.1995 Insecticides Inspector inspected the business premises of M/s Rajindra Prasad, Subhash Mandi, Kurukshetra. At the time of inspection, Rajindra Prasads was present at the business premises of the dealer firm. A sample of 2-4-D Ethyle Ester 38% was taken by the Insecticides Inspector which was manufactured by M/s Agro Chemicals (a unit of Bhagwati Mineral Pvt. Ltd., Jaipur) from sealed packing. Before sample was taken, notice in form XII as prescribed under Rule 33 was given to Rajindra Prasad. Sample was taken from sealed packing from the original pack. Each part of the sample was put in polythene bag. Polythene bag was further put in cloth bag with sample slips bearing the particulars of the sample. Those cloth bags were sealed in the presence of Shri Devinder Kumar, younger brother of the dealer who affixed his signatures on the sample slip. Sample was drawn according to the procedure laid down in the Act and the rules framed thereunder after serving notice in Form XII. Sample was sent to the State Quality Control Insecticides Laboratory, Karnal vide letter No. 8526 dated 21.12.1995 which on analysis was declared misbranded by the Senior Analyst of the Quality Control Insecticides Laboratory, Karnal. Copy of the report, on analysis, was sent to M/s Rajindra Prasad under the Provisions of Section 24(2) of the Act by Deputy Director, Agriculture, Kurukshetra vide letter No. 1784/Qc dated 26.2.1996. Result, on analysis, was conveyed to M/s Agro Chemicals also.

(2.) ON receipt of the report of analysis, Complaint Annexure P1 was filed in the Court of Chief Judicial Magistrate, Kurukshetra by the Quality Control Inspector (Insecticide-I), Kurukshetra under Sections 29(1)(a) and 17(1)(a) of the Insecticides Act, 1968.

(3.) NO written statement has been filed by the State of Haryana opposing the quashing of complaint Annexure P1 despite the grant of opportunity to the State of Haryana on 9.7.1997.