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2010 Supreme(SC) 530

HARJIT SINGH BEDI, C.K.PRASAD
Northern Mineral Ltd. – Appellant
Versus
Union of India – Respondent


Advocates appeared:
For the Appellant:Arun Nehra, Ms. Shobha, Mohinder Thakur, Advocates. For the Respondent: P.K. Dey, Ms. Rashmi Malhotra, Rohitash S. Nagar,
R.S. Nagar, D.S. Mehra, B.V. Balaram Das, Advocates.

Judgment :-

C.K. PRASAD, J.

1. This appeal arises out of an order dated 5th November, 2001 passed by the Punjab and Haryana High Court at Chandigarh in Criminal Revision No. 170 of 2000, whereby the revision preferred by the appellant against the order dated 13th November, 1999 passed by the Chief Judicial Magistrate, Patiala refusing to discharge the appellant has been rejected.

2. Brief facts giving rise to the present appeal are that the appellant company is a Private Limited Company registered under the Companies Act, 1956 and inter alia engaged in the manufacturing of insecticides including Monocrotophos 36 SL. On 10th September, 1993, the Insecticide Inspector drew sample of Monocrotophos 36 SL from the shop of the appellant's dealer, M/s. Jindal Traders respondent no. 2 herein. The aforesaid insecticide, sample of which was collected by the Insecticide Inspector, was manufactured by the appellant company in September, 1992. The sample so collected was sent for analysis to the Regional Pesticides Testing Laboratory, Chandigarh who submitted its report dated 13th October, 1993 stating that the sample was misbranded as it did not conform to the relevant ISI specifications. The S

























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