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2010 Supreme(Raj) 983

R.S.CHAUHAN
BASF India Ltd. – Appellant
Versus
State of Rajasthan – Respondent


Advocates Appeared
Reashm Bhargava, for Petitioners;
Ms. Alka Bhatnagar, Public Prosecutor

Hon'ble CHAUHAN, J.—Aggrieved by the continuation of the proceedings in Criminal Case No.56/2008, pending before the Chief Judicial Magistrate, Bundi, for offence under Section 29(1)(a) of the Insecticides Act, 1968 ('the Act', for short), the petitioners have approached this Court.

2. In brief the facts of the case are that on 22nd July, 2005, the Insecticide Inspector – cum – Assistant Director of Agriculture (Plant Protection) went to the premises of M/s Gautam Krishi Sewa Kendra, at Taleda, in District Bundi, the petitioner No.3, and took samples of a herbicide called IMAZETHAPYR 10% SL. The said herbicide was manufactured on 15.06.2005 and was due to expire on 14.06.2007. On 01.08.2005, a sample of the said herbicide was sent to the Regional Pesticides Testing Laboratory, Chandigarh. Vide report dated 03.04.2006, the Laboratory informed the Assistant Director of Agriculture that the active ingredient was only 8.3% instead of 10% as claimed in the herbicide. Thus, the said herbicide was misbranded. On 05.06.2006, a show cause notice was issued to the petitioner No.3. Vide reply dated 19.06.2006, the petitioner No.3 informed the Assistant Director of Agriculture that, in fact, th






























































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