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2018 Supreme(P&H) 4592

RAJBIR SEHRAWAT
Sohan Singh – Appellant
Versus
State Of Punjab – Respondent


Advocates Appeared:
Rakesh Verma, Advocate, for the Appellant; K.S. Aulakh, DAG, Punjab, for the Respondent

JUDGMENT

Rajbir Sehrawat, J. (Oral) - This is a petition seeking quashing of the Complaint No.26 dated 12.01.2018 under section 3(k)(i),17,18,29,33 of Insecticides Act, 1968 read with Rules 27(5) of Insecticides Rules, 1971(Annexure P-1) and the Summoning Order dated 12.01.2018(Annexure P-2) and all consequential proceedings arising therefrom; qua the petitioners.

2. The brief facts of the case are that petitioner No.2 is a manufacturing firm having license to manufacture the insecticides under the Insecticides Act, 1968. Petitioner No. 1, the proprietor of the firm and petitioner No. 3 is the employee of the firm. It is pleaded in the petition that on 07.07.2012 samples of insecticide, namely, Cartap Hydrochloride 4% GR, Batch No.C-1, was taken by the Insecticide Inspector, Maur, Distt. Bathinda. The sample was sent for analysis to the Public Analyst on 09.07.2012. As per the report of the Public Analyst the same was found to be misbranded. Accordingly, the report was made by the Public Analyst on 17.07.2012; which was duly received in the office of Chief Agriculture Officer, Bathinda. However, the above said authority did not file the complaint at that time. Subsequently, sanction

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