R.C. GUPTA Vs. STATE OF PUNJAB

JUDGEMENT

(1.) PETITIONER R.C. Gupta, Ex-Director of Montari Chemicals Limited, New Delhi is one of the accused in case titled State through Shri Sucha Singh Insecticide Inspector, Ferozepur v. Sanjay Narang and two others pending before the court of Chief Judicial Magistrate, Ferozepur. The case is a complaint under sections 3(k)(i) 17, 18, 33 punishable under Section 29 of the Insecticides Act, 1968 read with rule 27(5) of Insecticides Rules, 1971. The case of the complainant respondent No. 1 is that he visited and shop of Shri Sanjay Narang, sole proprietor of M/s Sanjay Trading Company, Ferozepur City on 13.7.1989 and drew the samples of Milte (Ogiryate) 10 g. manufactured by M/s. Kissan Chemicals, Industrial Area, Phase II, Chandigarh and distributed to the dealer by M/s. Dugal Trading Company, Anaj Mandi, Ferozepur Cantt. on 13.7.1989. The sample on examination was found having low active ingredient contents and hence not satisfactory as it contained 7.34% instead of 10% active ingredients and thus it was misbranded. The petitioner has filed this petition for quashing the complaint and all the consequential proceedings qua him.

(2.) I have heard learned counsel for the parties.

(3.) SANCTION /written consent is required under Section 31(1) of the Insecticides Act, 1968 (hereinafter referred to as the Act). Section 31(1) of the Act reads as under :