TEJINDER Vs. STATE OF PUNJAB

JUDGEMENT

(1.) WHILE issuing notice of motion on 29.05.2008, the following has been noticed :-

(2.) LEARNED counsel for the respondent has admitted the fact that the petitioners indeed are licencees. The sample was drawn out of original sealed packets and seal was also intact.

(3.) BECAUSE the samples were taken from sealed packets, it becomes clear that with reasonable diligence, the petitioners could not have known that the provisions of the Act had been contravened. There is nothing on the record to indicate that while the insecticide was in the possession of the petitioners, it was not properly stored.