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1994 Supreme(P&H) 56

R.S.MONGIA
Raj Hans Chemicals – Appellant
Versus
State Of Punjab – Respondent


Judgment

R.S.Mongia, J.

1. This petition has been filed by M/s. Raj Hans Chemicals, Sohna Road, Faridabad, for quashing the complaint, dated 1st April, 1991 filed by Insecticide Inspector, Bhatinda, in the Court of Sub Divisional Magistrate, Mansa, alleging the commission of an offence by the petitioner under Sections 17 and 33 of the Insecticide Act, 1968 (hereinafter called the Act). Brief facts giving rise to the present petition may be noticed :-

2. Insecticide Inspector, Bhatinda, inspected the premises of M/s. Bharat Beej Bhandar, Sardulgarh, District Bhatinda, on 24th August, 1990 and he took sample of Dimethoate 30% EC of Batch No. RC-02, which was manufactured by the petitioner. The sample was sent for analysis to the State Insecticide testing Laboratory, Ludhiana on 27th August, 1990. The report was received from the Laboratory on 24th October, 1990 to the effect that the sample of Insecticide was not found as per the specification of I.S.I. mark and the same was found misbranded and the same was 18.22% instead of 30%. After getting the sanction from the Joint Director, Agriculture, as required under the Act, on 6th March, 1991, a complaint was filed by the Inspector on 1s











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