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1997 Supreme(P&H) 1532

K.S.KUMARAN
Bahadur Singh – Appellant
Versus
State Of Punjab – Respondent


Judgment

1. Criminal Misc. No. 5583-M of 1997 and Criminal Misc. No. 6051-M of 1997 are being disposed of by this common order since the questions of law and fact involved in these two cases are similar.

2. On 16-6-1993 the Insecticide Inspector inspected the shop of M/s Dhanju Pesticide of which Bahadur Singh is the proprietor. He took samples of the Insecticide Regor 30% E.C. which were admittedly in the original packing (tins). On analysis the insecticide was found to be misbranded. The Insecticide Inspector then filed a complaint before the Chief Judicial Magistrate, Ludhiana, on 1-12-1994 against (1) Dhanju pesticide, the dealer, (2) Bahadur Singh, Proprietor of M/s Dhanju Pesticide Store (3) Delhi Agriculture Store through its proprietor Halkiat Singh, the distributor, (4) Prem Parkash Aggarwal, Managing Director of M/s Hindustan Pulverising Mills, the Manufacturer and (5) M. N. Murli Kumar, Chief Chemist of the Manufacturer under Ss. 3K(1), 17, 18 and 33 of Insecticide Act, 1968 for selling, stocking, distributing and manufacturing the sub-standard pesticide. On 1-12-1994, the Learned Chief Judicial Magistrate, Jalandhar, ordered the accused to be summoned.

3. That is why Bah







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