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1991 Supreme(P&H) 844

G.S.CHAHAL
National Organic Chemicals Ltd. – Appellant
Versus
State Of Haryana – Respondent


Judgment

G.S.Chahal, J.

1. National Organic Chemicals Ltd., New Delhi has moved this criminal miscellaneous under Section 482, Criminal Procedure Code for quashing of the complaint dated `nil, titled as State Government of Haryana v. Gian Chand and others, under Sections 29(1)(a) and 17(1)(a) of the Insecticide Act, pending in the Court of the Chief Judicial Magistrate, Kurukshetra and now transferred as Sub Divisional Judicial Magistrate Kaithal.

2. The petitioner Company is the manufacturer of insecticides. On 6-12-1988, Sh Moti Ram Verma, Asstt. Plant Protection Officer (F&S), Kurukshetra (declared as Insecticide Inspector) drew sample of insecticide, named Aldrin 30% E.C., Batch No. 32 (in short the substance) from the stock of M/s. Gian Chand Brij Lal, dealer-1 Manufacturing date of the substance was 5-10-1987 and expiry date as 4-10-1989. The sample was got analysed and it was opined to have active ingredients to be 21.2% against the prescribed 30% ingredients. The sample was, thus, found to be misbranded, vide report of the Public Analyst, Annexure P 1. The petitioner, having come to know about the report of the Quality Control Laboratory (Insecticides) (State Agriculture Dep









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