HARDIT SINGH Vs. UNION OF INDIA

JUDGEMENT

(1.) THE petitioners, Hardit Singh, Proprietor M/s Sandhu Khetisewa Centre, Manav Chowk, Ambala City and the said firm have prayed for quashing the impugned complaint (copy Annexure P-1), filed under Insecticides Act, 1968 read with Rules, 1971 and the order of summoning (copy Annexure P-2) as also the consequential proceedings arising therefrom.

(2.) THE brief facts leading to the filing of this petition are as under :- The Insecticide Inspector drew a sample of the Insecticide from the shop premises of the petitioners, out of the original sealed and packed container of 5 kilograms which on analysis at the Central Insecticides Testing Laboratory was found misbranded. It has been urged that the Insecticide in question was properly kept at the shop premises of the petitioner in the same condition in which it had been supplied by the manufacturers, M/s Unikil Pesticides Pvt. Ltd., Vidisha. It has been contended that the petitioners are not liable if the sample had been found misbranded due to the manufacturing defect.

(3.) I have heard learned counsel for the petitioners and the learned counsel for the respondent.