PUNJAB PESTICIDES Vs. STATE OF PUNJAB

JUDGEMENT

(1.) THE petitioner seeks the quashing of the impugned complaint and subsequent proceedings arising therefrom under the Insecticides Act on the ground that petitioner is a Dealer. Insecticides Inspector drew the sample of Oxydomition Methyle 25% E.C. manufactured by Unique Farm Aid (P) Ltd., New Delhi in original packing. One set of sample was sent to the Central Insecticides Laboratory and on analysis it was found misbranded as it did not conform the ISI specifications with regard to its active ingredients percentage.

(2.) THE petitioner seeks the quashing of the complaint on the ground that the aforesaid insecticide, of which the sample was drawn, was stored in a sealed container in the original form as received from the registered manufacturer and, as such, the petitioner did not know whether the insecticide, in any way, was misbranded having not conformed to the ISI specifications in its active ingredients percentage. There was no averment in the complaint that the same was not stored in the proper state or it was not in the sealed container. The petitioner claimed protection under section 30(3) of the Insecticides Act which provides as under :-

(3.) THE reply was filed by way of affidavit of Insecticide Inspector, Khuian Sarvar, Tehsil Abohar where this fact was not disputed that same was drawn from the original packing, however, respondent took the stand that petitioner was not entitled for protection under section 30(3) of the Insecticides Act.