BHARAT PESTICIDES Vs. STATE OF PUNJAB

JUDGEMENT

(1.) THIS is a petition under Section 482 Cr.P.C. read with Article 227 of the Constitution of India for quashing the complaint under Section 29 read with Section (k)(1) and Sections 17, 18, 33 of the Insecticides Act, 1968 (hereinafter referred to as the Act) and Rule 10 of the Insecticide Rules, 1971 read with terms and conditions of the licence with a further prayer for quashing the subsequent proceedings arising out of the said complaint.

(2.) BRIEF facts of the case are that the petitioners being licensed dealers of pesticides are doing the business of selling pesticides under the name and style of M/s Bharat Pesticides, G.T. Road, Tangra, District Amritsar. Respondent No. 2 is the proprietor of the said firm. On 31.5.1995, Insecticide Inspector visited the premises of respondent No. 1 and drew three samples of phorate 10-G from the sealed container lying in the premises of the petitioner manufactured by M/s Jay Shree Agro Industries Private Limited, Nathupur District Sonepat. On sample was sent to the Senior Analyst, Insecticide Testing Laboratory, Amritsar for analysis. The said laboratory vide its report dated 5.6.1995 found the sample misbranded being not in accordance with ISI specifications with respect to its percent active ingredients. On the basis of the said report, the complaint was filed against the petitioners. Copy of the complaint is annexed as Annexure P1 with this petition.

(3.) IN response to the notice of motion issued to the respondents, reply by way of affidavit of Gurdial Singh Bal, Insecticide Inspector has been filed on behalf of the respondents.