SHRI M K DHANUKA Vs. GOVERNMENT OF INDIA

JUDGEMENT

(1.) THE petitioners are arrayed as accused Nos.1 and 2 in C.C.No.251 of 2007 pending on the file of the Judicial Magistrate No.1, Coimbatore and the respondent herein has filed the above said complaint under Section 27(5) of the Insecticides Rules 1971 seeking prosecution of the petitioners and other accused for the alleged violation of Section 3(K)(i) of the Insecticides Act 1968. As per the complaint, the insecticide Inspector, who has been notified under Section 20 of the Insecticides Act 1968, was directed to draw four number of pesticides' samples from the allocated area namely Tamil Nadu during the remaining period of the financial year (with effect from October, 2004 to March 2005). In exercise of that haver, the said official has drawn sample of pesticide from M/s.N.S.M Fertilisers 6, Panchayat Complex, MTP Main Road, Thudiayalur, Coimbatore.

(2.) IT is further averred that the three identical originally sealed samples were taken from the premises of the pesticide dealer and in the presence of three accused, namely Thiru. M.Palaniswamy and two others and one sample was handed over to the third accused and remaining two samples were taken by complainant/ Inspector of Pecticide for which, necessary acknowledgment has been issued. The samples were subject to chemical analysis and as per the report, the active ingredient content found to be 69% as against 75% and the sample has not been conforming to relevant Indian Standard and hence, according to the complainant, it is mis-branded.

(3.) IT is further submitted by the learned counsel for the petitioner that the complaint as against these petitioners is also liable to be quashed for want of proper and valid written consent of the State Government or a person authorised in this behalf by the State Government.