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1996 Supreme(SC) 1749

K.RAMASWAMY, S.P.KURDUKAR
State Of Punjab – Appellant
Versus
National Organic Chemical Industries LTD. – Respondent


ORDER

Leave granted.

We have heard learned counsel for the parties.

2. This appeal by special leave arises against the order of the High Court of Punjab & Haryana at Chandigarh made on March 13, 1992 in Criminal Miscellaneous No. 6835-M(A) of 1991.

3. The admitted position is that the respondent is a manufacturer of Monocil, an Insecticide. Insecticide Inspector visited the factory of the respondent on August 18, 1988 and had taken two samples of Monocil from batch No. 0319, manufactured in March, 1988 when the same was exposed for sale in August, 1989. Admittedly, he had taken two samples thereof and sent one of the samples to the Public Analyst. The Public Analyst in his report dated October 12, 1988 reported that the ingredients used were 33.02% E.C. as against the specification of 36%. Accordingly, it was not in conformity with the ISI specifications. Consequently, he opined that it was adulterated. On receipt thereof, show cause notice was issued on October 21, 1988 as to why the respondent should not be proceeded against for sale of an adulterated insecticide. On receipt thereof, the respondent had given a reply on November 7, 1988 requesting the appellant to send the second samp









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