LAWS(P&H)-1996-2-123

SHAMSHER SINGH Vs. STATE OF HARYANA

Decided On February 29, 1996
SHAMSHER SINGH Appellant
V/S
STATE OF HARYANA Respondents

JUDGEMENT

(1.) PETITIONER No. 1 is the authorised licenced retail dealer of pesticides. Petitioner No. 2 is the licenced distributor of pesticides. Petitioner No. 3 Dr. D. K. Joshi is Production Manager of M/s. BASF India Limited. It has been issued licence to manufacture pesticides. All the petitioners seek quashing of the complaint titled as State of Haryana v. M/s. Hindustan Seeds and Pesticides. It has been filed with respect to offences punishable under Sections 29(1)(a) and 17(1)(a) of the Insecticides Act, 1968.

(2.) IT is contended that on 12.3.1992 a sample of Cypermothrin 25 EC was taken by Inspector Rajpal Singh from the shop of petitioner No. 1. On 9.5.1992 an intimation was sent by the office of Sub Divisional Agriculture Officer to the firm of petitioner No. 1 that sample in question has been found to be misbranded. Petitioner No. 1 wrote to the Sub Divisional Agriculture Officer, Kurukshetra on 14.5.1992. He was requested to get the second sample tested from the Central Insecticide Laboratory. A similar notice was sent to petitioner No. 3 firm. The firm wrote on 9.6.1992 to the Sub Divisional Agriculture Officer that in the report of the Public Analyst batch number of the product is mentioned as 101. This batch number has not been supplied by the company M/s BASF India Limited. It was requested that verification should be made and M/s BASF India Limited should be informed immediately.

(3.) IT is asserted that the insecticide in question had been manufactured in July, 1991. Its shelf life expired in June, 1993 prior to the clarifications that were given. In this process a valuable right was lost to get the second sample tested from Central Insecticide Laboratory. It is also contended that the sanction given is invalid.