ASHOK KUMAR Vs. STATE OF PUNJAB

JUDGEMENT

(1.) Ashok Kumar is the sole proprietor of M/s. Tanda Khad and Pesticide Store, Tanda. He holds a licence for purposes of selling, stocking of different types of insecticides and pesticides. M/s. Shivalik Agro Chemicals is stated to be a registered manufacturer of insecticide 2, 4-D Ethyl Ester 34% EC. It is manufactured by the said company.

(2.) Inspector Insecticides had filed a complaint against the petitioner and another alleging that he inspected the premises of the petitioner on 4-1-1994 and took a sample of the insecticide mentioned above with its expiry date as May, 1995. After taking the sample one part was given to the petitioner and other was sent for analysis to the Senior Analyst, Insecticides Testing Laboratory, Amritsar. The third sample was kept by the department. Report of the Senior Analyst was received. The sample was found to be misbranded and did not conform to ISI specifications. On these facts a complaint was filed against the petitioner and another.

(3.) When the sample was found to be misbranded, the Chief Agriculture Officer cancelled the licence of the petitioner under Section 14 of the Insecticides Act. The petitioner filed an appeal before the Joint Director, Agriculture who was exercising the powers under Section 15 of the Insecticides Act. The appeal was accepted and protection of Section 30(3) of the Act was given to the petitioner. The licence of the petitioner was restored. By virtue of the present petition, it is claimed that the complaint and the proceedings qua the petitioner should be quashed because the licence of the petitioner had been restored and in any case the petitioner was selling the insecticide in the original container. He is neither the agent nor the manufacturer. He has not tampered with the said container. Simply the same was stored in the proper form and, therefore, he is entitled to the benefit of Section 30(3) of the Insecticides Act.