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2002 Supreme(P&H) 938

M.L.SINGHAL
Sherpuria Sales Corporation – Appellant
Versus
State Of Punjab – Respondent


Judgment

M.L.Singhal, J.

1. M/s. Sherpuria Sales Corporation, Railway Road, Rampura is dealer in the sale of insecticides manufactured by M/s. Sulphur Mills Limited, Bombay. M/s. Sherpuria Sales Corporation, Bathinda is its distributor. On 20.7.1998, Shri Hardev Singh, Insecticide Inspector, Rampura inspected the sale point of M/s. Sherpuria Sales Corporation, Rampura Phul with a view to seize the sample of Endosulphan 35% EC for its analysis by the Insecticides Testing Laboratory, Amritsar. At that time, Shri Jarnail Singh Dhaliwal, Soil Testing Officer was with him. At the time of inspection, at the sale point, Shri Arun Kumar, proprietor of M/s. Sherpuria Sales Corporation, Rampura Phul was found present. 19 litre Endosulphan 35% EC in one litre pack each was found lying displayed for sale to the public in the shop. Out of these 19 litre packs Shri Hardev Singh selected one pack of one litre, bearing batch No. 8D-227, date of manufacturing April, 1998 and expiry date March, 2000 manufactured by M/s. Sulphur Mills Limited, Mumbai. He purchased 750 ml. of Endosulphan 35% EC vide bill No. 003030 dated 20.7.1998 on payment of necessary price to Shri Arun Kumar. He divided 750 ml. of








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