S.S.NIJJAR,J - (1.) THIS petition under Section 482 Cr.P.C. seeks quashing of the complaint filed against the petitioner under the Insecticides Act, 1968 read with Insecticides Rules, 1971. The petitioner-firm deals in insecticides and pesticides being duly authorised by the appropriate authority. The petitioner firm sells insecticides and pesticides of registered and licensed manufacturer under the sealed and packed conditions. The seals affixed by the manufacturer are not tampered with by the petitioner-firm at any stage.
(2.) ON 29.6.1998, Gurmel Singh, Insecticide Inspector, Rama Mandi, District Bhatinda, took sample of Butchalor 50% EC pesticide from the shop of the petitioner. The sample has been declared misbranded after Chemical examination by the State Testing Laboratory, Ludhiana. The active ingredient contents were found to be only 26.15% EC instead of 50% EC, which did not conform to I.S. Specifications. In paragraph 6(i) of the reply to the petition filed by the respondent, it is stated as follows : "Sample was drawn from the premises of the petitioner-firm from the original one litre pack of Butachlore in accordance with the provisions of Insecticides Act, 1968."
(3.) IN paragraph 6 of the complaint, it is stated that the pack selected for sampling was properly shaken and 750 ml. of Butchalore 50% was put into three separate clean and dry sample constainers and caps of containers were screwed tightly. These averments clearly show that the packing had not been tampered with by the dealer.;