NARINDER SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) ON June 8, 1992, the Insecticide Inspector, Dharamkot, visited the shop of Punjab Beej Bhandar, Dharamkot, who is the authorised dealer of Chemico Pesticides and Combine. Shri Banarsi Dass of the said Punjab Beej Bhandar was present at the time of the inspection. Banarsi Dass disclosed himself to be the authorised dealer of Buta Chalor 50 per cent. E. C. manufactured by Chemico Pesticides and Combine. Three sealed containers were taken for sample and a seizure memo was prepared, which was signed by the said Banarsi Dass. These three containers were placed in polythene bags and were sealed. One sealed sample was handed over to Banarsi Dass, and another sealed sample was sent to the State Insecticide Laboratory, Ludhiana. The remaining one sample was kept in the office of the Chief Agricultural Officer, Ferozepur. The test report disclosed that the sample does not conform to the relevant ASI specifications in active ingredient. Instead of 50 per cent. E. C. active ingredient it contains only 27. 87 per cent. Thus, the sample was confirmed to be misbranded under section 3 (k) (i) of the Insecticides Act, 1968.

(2.) PUNJAB Beej Bhandar, Dharamkot, has committed an offence under sections 17/18/3 (k) (i) and 33 of the Insecticides Act, 1968, by selling misbranded insecticide. This weedicide Buta Chalor 50 per cent. was manufactured by Chemico Pesticides and Combine, Ghaziabad (U. P.), and sold through Malkiat Singh and Rajinder Singh.

(3.) THE learned Additional Chief Judicial Magistrate, Ferozepur, after referring to the complaint and going through the documents opined that a prima facie case under sections 3 (k) (i), 17, 18, 29 and 33 of the Insecticides Act, 1968, read with rule 27 (5) of the Insecticides Rules, 1971, is made out against all the accused, and accordingly summoned all the accused.