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1996 Supreme(P&H) 518

P.K.JAIN
Som Dutt – Appellant
Versus
State Of Punjab – Respondent


Judgment

P.K.JAIN, J.

1. M/s. Ravinder Kumar and Brothers, a partnership firm consisting of four partners, has filed the present petition under S. 482 of the Code of Criminal Procedure for quashing the complaint (Annexure P-1) filed under S. 29 read with Ss. 3(k)(1), 17, 18 and 33 of the Insecticides Act, 1968 (hereinafter referred to as the Act) and Rule 10 of the Insecticides Rules 1971 read with S. 420 of the Indian Penal Code and the summoning order dated 28-1-1993 (Annexure P-2) passed by the Chief Judicial Magistrate, Amritsar.

2. On 25-6-1991, Insecticides Inspector Manjit Singh inspected the shop of the petitioner firm and purchased a sample of Weedicide named Butachlor 50% E.C. after serving a notice in the prescribed form and intimating the purpose for which the same was being purchased. The sample was sent to the Senior Analyst Insecticide Testing Laboratory, Department of Agriculture Punjab and the same was found to be misbranded as it contained 40.80% E.C. instead of 50% E.C. of Butachlor.

3. A show cause notice dated 24-8-1991 was issued by the Chief Agriculture Officer-cum-Licensing Officer Amritsar to the petitioner firm to which a reply dated 16-9-1991 was sent ther














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