V.S.AGGARWAL,J. - (1.) THIS is a petition filed by M/s Haryana Pesticides Mandaur, Ambala City through Kush Kumar Bhasin. It seeks quashing and setting aside of the complaint filed by the respondent against the petitioners under Sections 3(K)(i) and 29(3) of the Insecticides Act, 1968 pending in the court of learned Chief Judicial Magistrate, Sirsa.
(2.) THE relevant facts are that on 9.9.1992 Budh Ram Bishnoi, Quality Control Inspector, Sirsa had drawn the sample of insecticide known as Dimethoate from the shop of M/s Bant Singh and Company. The petitioners are alleged to be the manufacturer under the licence granted by the Director of Agriculture. The sample was sent to the Quality Control Laboratory, Karnal. It was found that insecticide contained 22.65% active ingredient instead of 30%. The product was described to be misbranded. It resulted in filing of the complaint. The petitioners seek quashing of the same on the ground that in accordance with the provisions of Insecticides Act, one sample is required to be deposited with the Magistrate. It has not been done. Furthermore, it is urged that the complaint was filed after the shelf life of the product. It expired in January, 1993 while the complaint was filed on 26.3.1993. The petitioners could not get the sample analysed from the Central Insecticide Laboratory and prejudice accordingly is caused. The sanction accorded too was alleged to be not valid.
(3.) IN the reply filed the petition has been contested. It is denied that there is any violation of Section 22 or 24 of the Insecticides Act. The permission granted is stated to be valid.;