SHARMA BEEJ BHANDAR Vs. STATE OF HARYANA

JUDGEMENT

(1.) THESE are two petitions, one by M/s. Sharma Beej Bhandar, Shahzadpur, Tehsil Naraingarh, Ambala, and other by J.S. Sethi, Senior Manager of M/s. Indofil Chemicals Company, Nirlon Road, Dr. Annie Basant Road, Post Box No. 9112, Bombay, under Section 482, Code of Criminal Procedure, for quashing the criminal complaint filed in the Court of the Chief Judicial Magistrate, Ambala, under Section 3 (k) (i) of the Insecticides Act, 1968.

(2.) M /s. Indofil Chemicals Company manufactured pesticides/insecticide including the one known as Mancozeb 75%. The Company sold the pesticide through its distributors in India. On December 17, 1988, Quality Control Inspector, Dhiraj Singh, visited the shop of M/s. Sharma Beej Bhandar to take sample of the pesticides, Mancozeb 75%. The sample was sent to the Senior Analyst, Quality Control Laboratory, Ludhiana for analysis. It was found that it contained 69.52% active ingredient instead of 75%. The product was, therefore, said to be misbranded. A criminal complaint was filed against M/s. Indofil Chemicals Company and M/s. Sharma Beej Bhandar. The petitioner have challenged their prosecution on common grounds.

(3.) NONE has however, appeared on behalf of the petitioners.