SHYAM LAL Vs. STATE OF HIMACHAL PRADESH

JUDGEMENT

(1.) THE instant petition has been preferred under Section 482 Cr. P.C. by the petitioner company for quashing and setting aside the complaint filed by the respondent and consequent proceedings, pending against them under Section 29 of the Insecticide Act, 1972 , in short the "Act," in the Court of Chief Judicial Magistrate, Mandi.

(2.) ADMITTEDLY the petitioner 'M/s. Indofil Chemical Company ' is a manufacturer of insecticides and pesticides, including the one known as Mencozeb. The company sells its product throughout the country including the Himachal Pradesh through its distributors and retailers.

(3.) SUCCINCTLY stated, the facts giving rise to the present petition can be stated thus. On 9.9.2005, Insecticide Inspector -cum -Horticulture Development Officer, Mandi intercepted the shop M/s. K.D. Sood House and purchased three packets of 100 grams each of COMPANION (MECOZEB 63% plus Carbendenzim 12% W.P.) along with the other pesticides from accused Ashwani Kumar Saini, vide Bill No. 683 dated 9.9.2005 for Rs. 784/ - for the purpose of its analysis, in the presence of Naresh Kumar and Anil Kumar, witnesses.