AMARJIT SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) BY this common judgment Criminal Misc. Nos. 6876 -M of 1994, 5515 -M of 1993, 1396 -M of 1993, 4921 -M of 1998, 8749 -M of 1993, 8626 -M of 1993 can be disposed of together. For the sake of convenience the facts of Criminal Misc. No. 6876 -M 1994 can be mentioned.

(2.) ON 11.6.1991 Rajinder Paul, Inspector had taken a sample of pesticide Butachlor 50% EC from the shop of Grewal Kheti Sewa Centre, Doraha Mandi, District Ludhiana. The same had been manufactured by M/s. Bharat Pesticides Ltd. It was supplied thorough M/s. Dhanda Traders (Distributor). The total quantity of 1000 of pesticide Butachlor 50% EC was present. The date of manufacturing was May, 1991 and the shelf life was to expire in April, 1993. The Insecticide Quality Control Laboratory, Ludhiana on analysis declared the sample to be misbranded. A show cause notice was issued by the Chief Agricultural Officer to Bharat Pesticides Manufacturing Co. Ltd. A reply was sent by M/s. Bharat Pesticides Ltd. on 17.7.1991 challenging the report of the Insecticides Quality Control Laboratory. It was prayed that sample be sent for re -analysis to the Central Insecticides Laboratory. On 2.12.1992 the Additional Director, Agriculture (Plant Protection) gave written consent under Section 31(i) of the Insecticides Act. On 8.4.1993 a criminal complaint was filed against the petitioners.

(3.) IN the reply filed, the petition has been contested. It has been contended that complaint was filed on 10.2.1993. The complaint was not filed against petitioner No. 4. It is insisted that the complaint had been filed well within time. There was no occasion that at the behest of the petitioners, the sample should have been sent to the Central Insecticides Laboratory. The sanction was also defended to be valid qua the petitioners.