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2014 Supreme(P&H) 776

SURINDER GUPTA
P. B. Pesticides – Appellant
Versus
State of Punjab – Respondent


Advocates:
Advocate Appeared:
Mr. Sandeep Jasuja, Advocate for the petitioners.
Mr. Varun Sharma, AAG, Punjab.
Mr. Pankaj Maini, Advocate for respondent No.3.

Judgment

Surinder Gupta, J.

This petition has been filed under Section 482 Cr.P.C. for quashing the complaint titled as State through Sh. Gurmit Singh Cheema, Insecticide Inspector, Fazilka vs. M/s P.B. Pesticides and others, (Annexure P/6) filed for offence under Section 3(k)(i), 17, 18, 29 and 33 punishable under Section 29(1) of Insecticides Act, 1968 read with Section 27(4) of the Insecticides Rules, 1971.

On 9.1.2007, Insecticide Inspector, Fazilka visited the premises of petitioner No.1 and took the sample of Piroxifop Propinyl 15% WP. The sample was sent to Punjab Insecticides Quality Control Laboratory, Ludhiana and vide report dated 7.2.2007 (Annexure P/1), it was found misbranded. The report is as follows:-

“The sample does not conform to HPLC method with respect to its percent active ingredient content requirement. Hence the sample is misbranded.”

The Chief Agriculture Officer, Ferozepur issued notice dated 19.2.2007 (Annexure P/2) to the petitioner No.1 for violation of the provisions of Insecticide Act, 1968 and Rules, 1971, reply of which was submitted on 3.3.2007 (Annexure P/3). The report of Central Insecticides Laboratory, Faridabad dated 10.8.2007 (Annexure P/4) regar





























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