HIDUSTAN PESTICIDES Vs. STATE OF HARYANA

JUDGEMENT

(1.) THIS is Crl. Misc. Petition No. 9156 -M of 1997 filed by M/s. Hindustan Pesticides, Samana Road, Kurukshetra through its partner Ramesh Kumar son of Kura Ram (dealer) and Ramesh Kumar (person responsible as partner for the conduct of the business of the partnership firm M/s Hindustan Pesticides, Samana Road, Kurukshetra) under Section 482 Cr.P.C. read with Article 227 of the Constitution of India whereby it has been prayed that complaint Annexure P1 under Section 29(1) (a)/17(1) (a) of the Insecticides Act, 1968 filed by the State of Haryana through Quality Control Inspector against them be quashed. It has also been prayed that every consequential proceedings arising therefrom be also quashed.

(2.) FACTS which gave rise to this Crl. Misc. petition are as follows.

(3.) FIRM M/s Hindustan Pesticides, Kurukshetra is dealing in the sale of insecticides and pesticides. They have been licensed for dealing in the sale of insecticides and pesticides by Deputy Director, Agriculture, Kurukshetra who is licensing authority for issuing licences. On 9.6.1995, Shri S.K. Poonia, Quality Control Inspector visited the premises of M/s Hindustan Pesticides, Kurukshetra and purchased three samples of Butachlore 50% E.C. under the supervision of Shri Z.S. Kanwar, Locust Control and Plant Protection Officer, Haryana Chandigarh under the provisions of Section 21(1)(a) of the Insecticides Act, 1968 which was manufactured by M/s Jaswant Rasyan Pvt. Ltd., 48, Sector 27 -28, Industrial Estate, Hissar. Samples were taken in sealed packing after giving intimation in Form XII as prescribed under Rule 33 of the Insecticides Rules to Shri Ramesh Kumar from original pack. Each part of the sample was put in polythene bag and polythene bag was again put in cloth bag. Sample slip bearing the particulars of the case was put in each cloth bag. Cloth bags were sealed in the presence of Shri Ramesh Kumar who was partner of the firm responsible for the business of the firm. Ramesh Kumar affixed his signatures on sample slip. Samples were purchased according to the procedure after giving notice in Form XII. One sample part was analysed by the Senior Analyst, Quality Control Insecticides Laboratory and the same was found misbranded. After the receipt of the analyst's report, copy thereof was sent to the dealer M/s Hindustan Pesticides. Information was sent to M/s Jaswant Rasyan Pvt. Ltd., Hissar also about the fact that insecticide manufactured by them has been found misbranded by Senior Analyst, Quality Control Laboratory.